MJCMuslim Judicial Council — Fatwa Department

I said Talaaq, Talaaq. Is my wife divorced?

English
Nikah & Talaq

Question

The MJC does not publish the questioner's text; the fatwa title below stands in for the question.

I said Talaaq, Talaaq. Is my wife divorced?

Answer

A valid divorce requires one to address his wife saying, “You are divorced” or “I divorce you,” emphasis on “you.”

In the detailed report you shared from both spouses, there is an agreement that in both instances, the husband only said, “Talaq, Talaq” or “Divorce, divorce.” His pronouncement of “divorce, divorce” without attributing it to his wife is considered lagw (null and void). [Shirbini, Mugni al-Muhtaj]

Consequently, if his utterance of the word divorce was as they described, then the divorce was not valid and they are still married.

والله تعالى أعلم

References (Arabic / Urdu sources)

النصوص المستندة إليها

مغني المحتاج (خطيب الشربيني) جــ 3 صـــ 370

ولو حذف المفعول، كأن قال: طلّقتُ، أو المبتدأ وحرف النداء، كأن قال: طالق، لم يقع الطلاق كما هو ظاهر كلامهم، وصرح به القفال في الأولى

Answered by
Mufti Abdurragmaan Khan
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