LUCKNOW: Typing the word ‘talaq’ on an SMS which may not be “sent” or uttering the words ‘talaq’ thrice even under influence of alcohol or in a fit of rage amounts to separation under the sharia. Darul Uloom-Deoband recently issued a fatwa on three issues contrary to the common belief that the state of intoxication or anger or not communicating the decision of ‘talaq’ to the partner did not amount to divorce in Islam.
In a recent query from Bangladesh (dated December 28, 2008) it was asked: A person intending to give his wife one talaq, typed “I give one talaq to you.” in his cellphone SMS. But after thinking over, he changes his mind and does not send the SMS at all. Will this result in talaq? According to the Dar-ul-Ifta, in the above condition, one Talaq will be deemed to have occurred, whether the SMS was sent or not.
In Fiqh term, SMS is a text which, if written by husband with the intention of Talaq, will be valid. In another question (dated January 3, 2009) a man asked Dar-Ul-Ifta that he said the word ‘talaq’ three times in anger during a fight with his wife though it was not his intention to give his wife talaq. “A week after the incident we came to know that she was pregnant, we want to live together” the question asked. In its response, Dar-ul-Ifta ruled: “That since the divorce came in clear words thrice, the element of intention looses its legitimacy.” Another question is, if a husband is completely drunken and unconscious and beat his wife and he says talaq three times, will the marriage end? According to Dar-Ul-Ifta, talaq given after drinking in state of intoxication is valid in Hanafi sect. “Now, the husband can not marry her without Sharai halalah,” Dar-Ul-Ifta ruled.
As per the Sharia, according to Islamic scholars, Talaq should be given once at a time after a period of 30 days each. This wipes off all possibilities of taking the drastic step in a fit of rage or under the influence of alcohol. If a person changes his mind after uttering the word ‘talaq’ once or twice, he can always take his words back within the next 40 days (the Iddat period) of the last utterance and the marriage will stand intact. |