tallaq

[sabrinah]

assalamolaikum imam saheb
please kindly answer these questions.these are really important...
1.my husband was arguing with me and he got very angry and he said main tumhain tallaq daita hoon
tallaq ,tallaq
i want to ask if it will count 2 times or 3 times and when he was saying this i put my hand on his mouth so that in case he can not say 3 times now he is saying he said 2 times....
2.he also said these words go away ,i can live by my self i hate u,i dont want you and our marriage was wrong it should not happend,our kids should not have born...is this tallaqe or not.how many kinds of tallaq are there?

[Imam]

Bismillahir Rahmanir Raheem

Wa'alaykum 'Assalam wa Rahmatullahi wa Barakatuhu


All Praise be to Allah who is the Lord of the Worlds, and may Endless Blessings be showered upon His Most Beloved, and Final Messenger of Islam, Hadrat Muhammad Mustafa Salla Allahu ta'ala 'alayhi wa 'aalihi wa Sallam

Since the talaq is a very complex issue in relation to marriage because of the number of times the talaq is said, and the language which it is used in, and depending upon the number of talaqs, after how long he has spoken to you, as a wife, whether he has touched you, loved you, and so forth.

Generally where a person says talaq to his wife two times, and the term in which he has not spoken to his wife prolongs the time which the shar'iyyah allows, which is three periods for a woman (3 haydh), and three non-periods (3 tuhur), then two talaqs will come into existence, unless he revokes them very words that he said, or is sorry, or makes up within that time. At this stage he must renew his nikah (tajdid), and is not allowed to be with his wife, unless he does so.

This is generally the picture, regardless of whether one talaq was said, or two talaqs. But if he made up within that period then the two talaqs will no longer exist, and this is referred to talaq-e-raj'i. The non-making up which occurs will render the talaq from rij'i to ba'ini, in which he can no longer exist with his wife. They must remain seperate. In the same house, but different rooms and beds, is sufficient.

The above is when clear words (sarih) of 'talaq, talaq' are stated, as you have quoted in your question. Sarih means where the words are clear, evident or manifest.


Jazak'allah for your question.





Wallahu A'lamu Biththawaab


M. Waseem Ashrafi