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