Talaaq

July 1, 2024
Answered by Mufti Ismail Moosa
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Question

My husband has extreme anger issues. When he got angry he started to break the valuable things, doors, chair, mobile in the name of Allah Almighty I can swear. But he never used the word talaq in our fight. But on 6th May at night he became extremely angry and started sreaming, throwing, tearing things.Next i started to provoke him telling bad words towards him while he was sleeping.suddenly he became extremely mad at me and said I will give you talaq one time and i gave you talaq one time. Again he said in Bengali “ছেড়ে দিয়েছি “which means gave talaq in our words. Next day he couldnot remember what he said.Is my nikah still valid?

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Answer

Wa‘alaykum as-salām wa raḥmatullāhi wa barakātuhu,

Based on the details you provided, there are various points to consider. I will offer some general guidance, but consulting a knowledgeable Islamic scholar or a local Muftī conversant in your language will help you arrive at a precise ruling.

Understanding Ṭalāq:

  1. Ṭalāq in Anger:
    • Ṭalāq pronounced in a state of extreme anger can still be valid if the husband was aware of his words and their implications. However, if the anger reached a level where he was not in control of his faculties, the Ṭalāq may not be considered valid. Since he did not pronounce any divorce in this state, we need not verify details about this.

 

  1. Ṭalāq in the Future Tense:
    • Ṭalāq pronounced in the future tense is not valid. This is because such a statement lacks the immediacy and definitiveness required for the divorce to take effect. The future tense implies that the act of divorce is intended to take place at a later time, rather than immediately. Thus, the phrase “I will give you Ṭalāq one time” is invalid.

 

Your Case:

  1. First Ṭalāq:
    • When your husband said, “I will give you talaq one time and I gave you talaq one time,” it counts as one Ṭalāq if he was aware of his words. This is due to the second segment of his sentence.

 

  1. Bengali Phrase:
    • The phrase “ছেড়ে দিয়েছি” (chere diyechi) means “I have divorced you.” This can also count as one Ṭalāq if he was aware of his words.

 

The Husband’s Memory:

  • If your husband genuinely does not remember saying these words due to extreme anger, this might indicate a state where he was not fully conscious of his actions. However, a Muftī will need to interview him to verify whether he was truly unaware of the words.

 

Next Steps:

  1. Consultation with a Scholar:
    • You should immediately consult a qualified Islamic scholar or local Muftī with all the details of your situation. They will need to discuss this with both you and your husband to provide a specific ruling based on the nuances of your case.

Conclusion:

While I have provided some general guidance, the validity of your Nikāḥ (marriage) hinges on the specifics of your husband’s state of mind and intentions during the pronouncement of Ṭalāq. Only a qualified scholar can provide a definitive ruling.

And Allah subhanahu wa ta’ala knows best.

Answered by: Mufti Ismail Moosa