Fatwa: # 15354
Category: Divorce (Talaaq)
Country: United States
Date: 18th June 2007

Title

He denies uttering the words of Talaaq

Question

I have a question regarding divorce. During an argument, my husband said to me: ""i divorce you, i divorce you, i divorce you" 3 times all in the same sentence. He said this in front of my father in law. Also, he text-messaged my mother during that same time and said: I divorced your daughter and text-messaged my sister that he is divorcing me. That same day, I came to my parents house thinking that I am divorced, but my husband called that same day and said he did not mean what he said and that he was angry, he said he does not have intention of divorcing me. Also, he is saying that he said at the time of the argument:"i will divorce you, i will divorce you, i will divorce you" to me instead of what I heard. He said he is even willing to put his hand on the Quran and say that he said "i will divorce" instead of "i do divorce". I need to know if I can still go back to my husband and if my marriage is still valid. He wants me back and I want my marriage to stay valid as well.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

In principal, if your husband uttered the words “I divorce you” three times, then that constitutes talaq-e-mughallazah (a permanently irrevocable divorce). If he denies uttering the words “I divorce you” and you are certain that he has uttered the words “I divorce you” three times, then it is compulsory upon you to regard your nikah as broken. If  your husband is given the benefit of the doubt or you are doubtful on the exact statement of divorce, then the two text messages constitute at least two divorces.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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