Issuing Talaaq using the present tense

Category: 

Marriage & Divorce

According to Madhhab: 

Hanafi

Reference: 

1441-158

Question: 

A husband
tells his wife the following

he said I'm
giving u 3 talaqs

Is the
nikah valid or not? 


Answer: 

The statement “I’m giving you 3 Talaaqs’ used in the English language means that I am currently carrying out the act of divorcing you thrice, which results in 3 Talaaqs being effective.

I will merely cite one or two examples so that this point may be clearly understood. Zaid tells Bakr, ‘I’m riding a horse’ or ‘I’m pushing my bike.’ His statements in both instances indicate that he is currently involved in these actions. The same applies to the statement pertaining to Talaaq, hence three Talaaqs have become effective and Nikah ties between the couple have been irretrievably severed.

Yes, if the husband tells the wife, ‘I will divorce you thrice’ then Talaaq will not be effective as this is considered as a threat or promise to do something in the future. We do hope that our explanation has clarified the different scenarios.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B

Date: 25 Safar 1441 

English Date: 24 October 2019

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