Husband dont remember giving Talaaq

27 Feb 2023 Ref-No#: 4956

Assalamualaikum, 6 years ago i gave birth to mu younger daughter and i was in nifas at that time me and my husband were fighting and arguing a lot. The place we were living had some bad asraats as the previous tenants were doing black magic in that appartment also the lady did black magic on husband and then made his husband psycho and then took divorce from his husband. So while i was in nifas my husband gave me Talaaq once or twice i dont remember honestly now but he said once or twice no more than that. Then few days later again we had argument and fight and then my husband give me talaaq 4-6 times. He was so angry that i tried to stop him but he didnt stopped and realise anything. Then later i told my sister about this incident also to my mother in law and she said talaaq doesnt take place when a person is in extreme anger. But my sister contacted mufti and then we got a answer that 2 talaaqs had occured and be careful now. Now about a month ago me and my husband had fight so he came to me and said i will give you divorce call your Father. He said 4-5 times and in that one of the statement was ‘me tujhe talaaq de raha hu or ye final hai’ ( means this is my final decision)bula le sab ko. He said this with the intention of calling my family and to start the process of divorce and not giving talaaq at that point to me. So after a week in mh mind i started thinking is that was my final talaaq. My husband doesnt recall or remember at all giving or saying talaaq to me 6 years ago and so he said i dont believe it as i dont remember. He also had anger issues like when he gets angry he threw things slamming hands on the wall hitting me and my kids. He dont realise when he throw things that it will be our loss and he is destroyinv things. So will this divorce occured? And what about my husband who claims i never had intentions and i never remember saying it also he can swear to Allaah on it he said but i can also swear about the 2nd time he was continuosly saying talaaq to me. JazakAllaah khair

Answer

Wa’alaykum as Salām wa raḥmatullāhi wa barakātuhu,

Under oath, your husband should say whether he remembered anything and whether he knew what he was doing. In that case, those divorces will not take place.

Then, only the divorces which he said which in control of himself will be valid.

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