Not sure talaq

June 29, 2024
Answered by Mufti Ismail Moosa
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Question

As-salamu alaykum. I am a woman who is extremely obsessed with the issue of divorce. Although we are Hanafi, we also had our nikah performed according to the Shafi school of thought. After this nikah, a hoca told me that if I was afraid, I should take the divorce right from my husband. I was having doubts because of my obsession that two of my divorce rights were gone. So I asked my husband to give me the remaining divorce right. He said okay. Then, when I realized that there was actually no divorce, I said, “I don’t want three divorce rights, I give you back two of them and keep one, do you accept?” He said yes. I remember the situation this way, but I’m not very sure. It’s been years. My husband, on the other hand, does not remember giving me the right to divorce and has sworn that he did not give it. Well, I later returned this right to my husband. But I later learned that it is not possible to return in the Hanafi school of thought. However, I am Turkish and the Diyanet in Turkey gives a fatwa that it can be returned. But this is a wrong fatwa. Well, if I said words of conditional divorce at the times I thought I returned it and the condition was met, has a divorce occurred? I’m so scared, please help me. According to the Shafi school of thought, a woman can only use this right in the assembly where she received the authority. Even if a divorce has taken place, can we follow the Shafi school of thought since our nikah is also in accordance with the Shafi school of thought and therefore there is no divorce according to that school of thought?
My husband swears that he did not give this authority. I’m not sure whether I use it or not. And if I have this authority according to the situation I described, how many talaq powers do I have?

Answer

Wa alaykum as-salam wa rahmatullahi wa barakatuh,

Your marriage is valid, since:

  • You admit to being ‘extremely obsessed with the issue of divorce’.
  • Your husband cannot recall giving you the right of divorce.
  • Your husband actually ‘swears that he did not give this authority’.
  • According to the Shaafi’i Madhab, your divorce is not valid.

And Allah subhanahu wa ta’ala knows best.

Answered by: Mufti Ismail Moosa