If a person utters the divorce in a state of anger fully aware of what he is doing as well as the subsequent consequences then such a divorce is valid, and if the utterance is a third divorce, then there is no recourse to reconciliation and the couple are deemed unlawful to each other.
To sum up: your divorce issued in the state of extreme anger does not count as such, and the threefold divorce counts as one divorce; it is not essential to have divorce witnessed and the same applies to taking the wife back. We advise you to be careful and avoid using the word divorce (talaaq) altogether.
Hence, in madhhab al-Syafie, talaq, when one is angry or outraged, is valid. However, we are inclined towards the opinion that if extreme anger results in a person losing his rationality and feelings, akin to an insane person, then the talaq is invalid, however, one must refer to the experts to evaluate it.
Triple repudiation, talaq thalatha, occurs when a husband pronounces three repudiations at once rather than divorcing his wife once, revocably, and simply allowing the waiting period to expire without taking her back.
The Quran demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences.
“Abu Dawud quotes the Prophet (peace and blessings be upon him) as saying: “Divorce and manumission do not count in case of Ighlaq.” Imam Ahamd says Ighlaq means anger; some other scholars hold it to mean doing something under force; others say it stands for insanity.
Disadvantages: If the husband goes to jail, how will compensation be paid? It states that Triple Talaq is illegal and void while providing a remedy. The Muslim Personal Law Council says it interferes with their religion and falls under Articles 25 and 26.
The couple cannot reconcile during the waiting period, defined as in the case of talaq, but the husband is required to pay maintenance during its term, unless the requirement is waived by the contract. As in the case of talaq, remarriage is possible until a khul' is concluded for a third time.
The most common is talaq, which literally means “release.” Talaq is a unilateral repudiation of the wife by the husband, and does not require the wife's consent. She must observe a waiting period of approximately three months to be sure that she is not pregnant; then she is free to remarry.
Talaq-ul-Sunnat is regarded to be the approved form of Talaq. This mode of Talaq is recognised both by Sunnis as well as by the Shias. Talaq-ul-Sunnat may be pronounced either in Ahasan or in the Hasan form. This is the most proper form of repudiation of marriage.
Since the divorce decree is already awarded, you cannot cancel the divorce decree. However the parties are free to remarry , provided the marriage is solemnized according to Hindu marriage act and that the marriage is registered under Hindu marriage act.
Answer. Praise be to Allah. Firstly: Divorce issued in writing or via e-mail or text message counts as such so long as the intention to divorce is present or it is accompanied by signs that point to intention to divorce.
Therefore, if the husband texted divorce or talaq on his mobile phone and sends it to his wife the message has become Marsumah, i.e. addressed to the wife thus talaq will occur without an intention of talaq or not. If he had not sent it but just texted 'Talaq', then it will depend on the intention of the husband.
Talaq-e-Ahsan is said to be the least disapproved way of dissolving a marriage. 'Ahsan' means best or most proper. Under Talaq-e-Ahsan, the husband must pronounce divorce in a single sentence when the wife is in a state of 'purity', that is, not menstruating.
Narrated Abdullah ibn Abbas: Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah hath created in their wombs. This means that if a man divorced his wife he had the right to take her back in marriage though he had divorced her by three pronouncements.
Allah has advised us to repress our anger in all situations, no matter how testing they are. He has mentioned this specifically in the Quran when He says: Those who spend (in Allah's cause) in prosperity and in adversity, who repress anger and who pardon men, verily, Allah loves Al-muhsinoon (all good doers).”
Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.
What is second divorce shame? It can mean many things, and each divorce situation is unique, but second divorce shame can include feelings like embarrassment, a sense of failure, and frustration and disappointment that you thought you got it right this time, only to realize you were wrong.
1)The husband's whereabouts are unknown for a period of four years. 2)The husband has failed to provide maintenance to the wife for at least two years. 3)The husband has been under imprisonment for seven or more years. 4)The husband is unable to meet the marital obligations.
Valid reasons for seeking divorce in Islam include physical, mental, or emotional abuse, incompatibility, infidelity, and failure to fulfill responsibilities.
In Islam, the husband pronounces the phrase “I divorce you” (in Arabic, talaq) to his wife. A man may divorce his wife three times, taking her back after the first two (reconciling). After the third talaq they can't get back together until she marries someone else.
According to the Holy Qur'an, triple talaq or Talaq-e-Bid'ah is considered a sin in Islam.
Mutual rights of inheritances cease. Cohabitation becomes illegal, and children born after such intercourse will be illegitimate. Dower becomes immediately payable. Parties can contract another marriage.