The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 27 No 06, p.20

A husband verbally gave his wife one talaaq and then later messaged her via WhatsApp with another talaaq.

Question

A husband verbally gave his wife one talaaq and then later messaged her via WhatsApp with another talaaq. The husband claims he gave the second talaaq out of anger. The husband follows the Shafi'i Madhhab and the wife follows the Hanafi Madhhab. How many talaaqs have been given? What will the process be if they want to reconcile and be married again? A Shafi'i sheikh informed the husband that he should say to her: "I revoke the talaaq", if they want to be married again. He also added that the second talaaq does not count because it was said out of anger. The husband informed the wife that he wants her to continue with her iddat period and once completed, they can reconcile. Will the husband be allowed to see the wife during her iddat period and is an arrangement like this allowed?

Answer

Two Talaaqs came into effect. Anger does not cancel Talaaq. In fact, 99.9% of husbands issue Talaaq in the state of anger. No one issues Talaaq in the state of love. Rare are the men who issue Talaaq intelligently.

Since the term Talaaq was used, they may reconcile immediately without need for renewing the Nikah. The reconciliation without Nikah is permissible prior to the expiry of the wife's Iddat. The Iddat is a period of three haidh cycles.

The man should understand and remember that even after reconciling, the two Talaaqs will remain suspended. Should he issue one more Talaaq, all three will be activated and the Nikah will then terminate irrevocably and finally. Thus, he should not treat Talaaq as a joke, then plead anger, bipolarism, OCD and such nonsense whispered by Iblees.

The Shaafi sheikh has erred by claiming that the Talaaq in anger is not valid. Since the husband is a Shaafi, he should say some words to the effect of revocation, e.g. "I revoke the Talaaq". But renewal of Nikah is not incumbent even according to the Shaafi Math-hab in view of the Raj'at (Revocation) having been effected before expiry of the Iddat.

The arrangement between the man and woman mentioned by you will not entitle him to demand renewal of the Nikah after expiry of the Iddat. Once the Iddat has expired, the woman will be free to marry any other man.

It should also be understood that according to the Shaafi' Math-hab, if the husband has any kind of sexual relations with his 'wife' prior to Ra'jat, it will be tantamount to zina. But according to the Hanafi Math-hab, any such relationship will be permissible and it will effectively be Ra'jat (Revocation).

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The Majlis Vol 27 No 06
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