Article on “when talaq is not valid in Islam” – All Muslims must know Below are some of the fiqhi

masail (as per Islam) on Talaq every Muslim should k now. I have done an extensive research on Talaq masail and confirmed the finding s with many Ulamas. This research is being done with an intention to save famili es of Muslims as I felt, ignorant people need a lot of knowledge even to ask a m asaala of talaq from the mufti. If u have that knowledge; the fatwa might be co mpletely different as compared to when u ask him without any knowledge. In major ity of talaq cases, a careful inquires or study of other juristic opinions could save many homes. These below all are the maasail subject to Ijtihad (juristic opinion) and diffe rent fuqaha may have described them differently. A non-scholar person can follow any of the opinion of fuqaha whom he trusts more or whom he has found an argume nt for (I am ready to provide the arguments if u need). Also the common person, even he belongs to any fiqa, can follow the masaail from other jurists in case o f dare need (for example ahnaf have taken many masail from other jurists when th ere is a need). Talaq in Menses or Post birth bleeding Talaq pronounced by man while her wife is in menses or in nifas (post birth bl ood) is not counted at all (not valid / not applicable) as per the correct scho larly opinion. The clear evidence in this case is the Hadith mentioned in Abu Da wood (Book 12, Number 2185) with authentic isnad have clearly mentioned the sayi ng of Ibn e Umar “That he (Prophet) did not count this divorce as valid”. Many T abieen, Mujtahedeen, fuqaha and scholars (Ibn Hazm, Ibn Taymiya, Ibn Qayyim, Sin ani, Shoukani, Ibn Baz, Ibn Uthimeen, Ahmad Shakir, Yousuf Qardawi and thousand s of today’s arab, ahl e hadith and salafi scholars etc.) have ruled that this talaq is not valid and same is the fatwa given by all Saudis, Qataris, Egyptians and other Arab Ulamas. Fatwa of Grand Mufti and Vice Grand Mufti of Saudi Arabi a is here. http://www.islam-qa.com/en/ref/72417/divorce%20menses) . These all f atawa of above mentioned ulama are also practiced in all shariah courts of Qatar , Saudi Arabia and other Arab Countries. For Scholars, please see details here h ttp://islamtoday.net/bohooth/artshow-86-9504.htm . Talaq in tuhr after intercourse Talaq pronounced in tuher (a state where woman has finished her menses and ready for taking bath ) after the intercourse is done is also not valid and same argu ments applies as in case of talaq in menses. Same is the practice of all shariah courts in most arab countries including Saudi and Qatar. This simply means tha t the duration in which Talaq will be valid is only after menses ends and before doing intercourse which is a very small portion of time for most couples. But i f wife is pregnant, then talaq will be valid as per all the scholars. Fatwa of S audi Grand Mufti Ibn e Baz is here http://www.islam-qa.com/en/ref/106328/divorce %20intercourse . For details please see this book of Vice Grand Mufti of Saudi A rab, Sh. Ibne Uthymeen. http://www.ibnothaimeen.com/all/books/article_18228.shtm l . Scholars please see the details and arguments here http://www.altawhed.com/ Detail.asp?InNewsItemID=134809 Talaq in extreme anger Talaq uttered in extreme anger is not valid at all if anger was insane and perso n saying talaq did not know what he was saying and lost completely his mind. Had ees says (no Talaq in ighlaq i.e. extreme anger, kitab al Talaq, abu dawood). Th is is agreed upon by all scholars http://www.islam-qa.com/en/ref/45174/divorce %20anger . Scholars please see details here http://www.ibnothaimeen.com/all/book s/article_18228.shtml Talaq in medium anger

Talaq uttered in medium anger is also not valid as per correct scholarly opinion . Here person saying talaq is not insane and does know what he was saying and no t lost completely his mind. But he is in so much anger (there must be clear reas ons to be angry like physical or verbal abuse, fight or bad arguments with wife etc.) that he is not able to control the word spoken from his mouth. The criter ia here is, he will feel regret after anger that he did something out of his int ention. And if he was normal he would never do that thing. This is a view by Ibn Taymiya, Ibn Qayyim, Ibn Baz, Ibn Uthimeen, Yousuf Qardawi, Attiya Saqr, Grand Muftis of Saudis, Qatar and Eygpt. Scholars, please see book of Ibne Qayyim (Iga sa tul Lahfan) for details. Read fatwa of Saudi Grand Mufti here http://www.isl am-qa.com/en/ref/45174/divorce%20anger . Fatwa of Grand Mufti of Qatar Dr. Yusu f Qarawai and Grand Mufti of Egypt Dr. Atiyyah Saqr (head of Al-Azher fatwa comm ittee) for divorce given in anger is here http://www.islamonline.net/servlet/Sat ellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544762 . Fatwa by Fatwa Council of Ministry of Awqaf in Qatar is here http://www.islamw eb.net/ver2/Fatwa/ShowFatwa.php?lang=E&Id=83467&Option=FatwaId and http://www.is lamweb.net/ver2/Fatwa/ShowFatwa.php?lang=E&Id=130287&Option=FatwaId and http://w ww.islamweb.net/ver2/Fatwa/ShowFatwa.php?Option=FatwaId&lang=E&Id=121374 If you read these all fatwas, u will know that there are three types of anger (i nsane anger, medium anger, light anger) and divorce only happens in light anger. Three best ways to identify the type of anger is (also explained in fatwa of Yu suf Qaradawi) to see 1- If this man would also give divorce if he will not be in anger ? means in abs olutely normal condition 2 - Did he regret after when his anger was gone that he did a bad decision 3 - Did he think after anger was gone that he did not intent to divorce his wife Talaq with one intension If husband have said “word” of Talaq many times in one sitting but his intensio n in heart was only to give 01 Talaq then it is only one talaq agreed by all sch olars. AS I said, you need the lot of knowledge to ask fatwa to the mufti. For e xample, if u ask hanafi mufti that “I have divorced many times in one sitting bu t my intention was only one. He will say “ 03 Talaqs are done”. But If you ask “ I have divorced many times in one sitting and I swear by Allah three times that my intention was only one talaq and it is recorded in all books of ahnaf e.g. Be hishti Zewer, Hidaya, Shammi and also the hadees of Abi Rukkana that this divorc e will be counted as one and not three”. Now the Mufti will always say that “The se three talaqs are only 01 talaq”. Three Talaq in one sitting If husband has said divorce three or more times in one sitting, this divorce is one as per all arab and ahle hadith scholars. See 03 hadiths of Ibne Abbas in S ahih Muslim in Kitab al Talaq and hadith of Abi Rakkana in book of musnad abu ya llah. Many great ulamas of ahnaf also recorded this in their books e.g. Al-Faroo q by Molana Shibli Noumani, Jamia al Ramooz (book of fiqa by Ahnaf), Fatawa Rash idia (quoted fatwa of Mufti Abdul Hayee Lucknawi) etc. etc. I saw many hanafi ul amas who did PHDs from Saudi and Egyptian universities and they wrote books in t his massala. e.g. Molana Umar Ahmad Usmani (graduated from Saharanpur and did PH D from Madeena University wrote a book on this) and Justise Mufti Pir Karam Shah Al-Azhari etc. Fatwa of Permanent Committee of Scholarly Research and Ifta (Saudi) is he re http://islamqa.com/en/ref/96194/ruling%20divorce . Talaq in compulsion No Talaq is valid under compulsion i.e. physical torturing. This is true as per all scholars apart from ahnaf.

Talaq in intoxication No Talaq is valid under intoxication i.e. state when he lost his mind. Agreed upon by most Fuqaha and Scholars. If you have (Allah save ever) any problem or question for talaq, please let me k now and I will send you all the back up of arguments and quoting of hadiths alon g with fatawas of many big scholars containing all grand muftis of Saudi, Qatar, Egypt and UAE etc. Any person interested in academic discussions for the above masaa’il is most welcome to write back and exchange his views. Regards MRG E Mail mrg503@gmail.com

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