Question: I am a computer engineer by profession. I am married for 4 years and al-hamdulillah, I have a 3 years old little daughter. I am a Sunni Muslim (hanafi) from India, working in Saudi Arabia and I have my family here with me in Saudi Arabia. Only we three are in the home (me, my wife and our 3 years old daughter)
This happened one year ago, me and my wife had a verbal fight, we both raised voices and in much anger I utter these words (I am divorcing (talaq) her, in one sitting and the words were repeated three times). Sir, this happened without any intention and without any pre plan. I was not able to control my anger and I was not aware of what I am saying and was not able to stop myself uttering these words during that time. It did not came to my mind even once that I am uttering these words or I will utter these words. Even I don’t remember my words clearly now my wife says something and I remember something else . After some time we told sorry to each other and also went to perform `UmraH and prayed Allah to forgive us for what we did. We are together and leading normal life then after. Since then I did not use these words any time again. In sha' Allah, I will not use any time again.
Few days before I was watching an Islamic program from Pakistan TV, someone asked the question about talaq and he advised them to consult a Mufti personally to get the issue more clear. After watching this program on TV I am tensed and worried. I am crying while I am alone.
Sir, I kindly request you to clear my issue. To inform you more, I was having no intension or any plan to divorce her and nor I have any plan in future. All this happened only in the state of extreme anger where I was not able to stop myself uttering these words.
Even while composing this letter my heart is crying and my eyes are filled with tears. Since then I am searching on the internet regarding this issue and I am getting confusing replies. Brother, we are religious people and my wife is fasting often and praying Allah to help us clear this issue.
Please help me and give me your good advice. Your kind advice & answer will be very highly appreciated.
Answer: In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
There are three things that must be clear in your mind. First the talaq word is valid in case of intention and joke, according to the hadith: “Three are counted in case of seriousness and joke: divorce, etc.” So, when you say that you did not have any plan of divorcing her, this does not change anything in the ruling.
The second thing is that according to the Hanafi school, if you pronounce talaq three times, it is counted as three, which means you have no way of taking back your wife unless she marries another person and the new husband gets to divorce her willingly. However, according to the opinion of other scholars, it is considered as once, though pronounced in triple form.
The third thing you need to know is that the Prophet (peace and blessings be upon him), said: “Talaq is not valid in case of ighlaq.” One of the meanings of ighlaq is when the person is extremely angry that he is not aware of what he says. So if the case was exactly like what you described in your question, then I think you come under the third situation, and I hope that your divorce is invalid.
Having said this, I must advise you to avoid using the word of divorce in any case.
Allah Almighty knows best.