Fatwa: # 19395
Category: Misc. Fiqh
Country: Canada
Date: 9th August 2011

Title

Unanswered

Question

As-salamu-alaikim,

I have been reading many questions and answers on this website and came across few answers regarding Talaaq which bothered me. It seems like most responses given to questions similar to 'my husband said talaq talaq talaq 3 times in anger does that lead to divorce', receive responses such as 'yes' and that the couple is no longer married. From my understanding on Islam, even though Talaq is allowed, it is disliked by Allah, so why is this website freely promoting it? The reason I'm saying "freely promoting it" is because I feel that before a response is given, shouldn't you be asking the person if her husband used those words as an intention to divorce her or was he merely pissed off and said it out of anger without knowing what he was talking about? Didn't our Prophet (may peace and blessings be upon him) mention that Talaq in extreme anger is not valid? Moreover, how does mentioning "Talaq" 3 times without really meaning it invalidates a marriage when the Holy Qur'an says:

Allah will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-Forgiving, Most Forbearing. (2-225)

In another one of your answer you mentioned that there is no need for witness when the Holy Qur'an states:

And take for witness two persons from among you. (65-2)  

If ye fear a breach between them, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation.[4-35]

I feel that these days the sayings of Hadith is getting more importance over the Holy Qur'an. Please correct me if I'm wrong, but before you tell someone that their marriage isn't valid or that saying talaq thrice in anger leads to divorce, you should consider looking into the matter more closely as it is not a matter to be taken so lightly. My question is, what if the husband didn't mean anything in the first place? What if he was so angry that he had no idea of what he was saying? Shouldn't you be questioning those situation?

Answer

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