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['Aalim Network QR] Talaq (Divorce) in anger


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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
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Assalamu 'Alaykum

The following question was kindly answered by Dr. Takim.

Salaams & Duas
Ummulbanin Merali - Moderator - 'Aalim Network

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QUESTION:

If a women's husband out of anger gives her talaq (divorce) 3 times in
anger, is that talaq?

And if even before the talaq iddat has finished, they get back together, is
it lawful?

Can you elaborate on this.


ANSWER:

To start with, talaq which is given in anger is NOT valid. So from the
Shari'a viewpoint, they are still married.

If the talaq is NOT given in a state of anger and if it is a Ba'in talaq
(one which is given by the husband), then, according to our madhab, even if
it is given 3 times in one sitting, it counts as only 1 talaq. So the couple can 
get back together in the idda period without the necessity of reciting the 'aqd 
again.

If they decide to reconcile after the 'idda period is over, then they will
have to recite the 'aqd again.

If this occurs 3 times, (i.e. talaq & then getting back together) then after the 
3rd talaq, they cannot get back together until she marries someone else and her 
marriage with the 2nd husband is consumated. 

Liyakatali


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