Talaq joke during internet chat may cost youth his marriage

Last Updated 27 October 2010, 15:40 IST

The youth, a resident of Qatar, had spelt talaq three times while chatting with his wife but little did he realise that his humourous intention in cyberspace will nullify his marriage in reality.

Islamic seminary Dar-ul-Uloom Deoband has ruled that saying talaq thrice even casually without any serious overtone is valid as per the Shariyat (Islamic Law) and the marriage stands nullified. The nationality or the identity of the youth was not revealed.

The ruling was given by Deoband' fatwa section Dar-ul-Ifta in reply to a query posted by a youth from Qatar. The youth in his query (question number 26075) had stated that while chatting with his wife over net he jokingly spelled talaq thrice.

Claiming to have less knowledge about Islam, the youth said that he didn't know how Talaq is taken. The youth had stated that he was happily living with his wife and wanted to live with her in future as well.

Dar-ul-Ifta in its reply has said that once talaq is spelled three times it amounts to divorce and her wife was "haraam" for him. The fatwa section in its reply stated that in the process it does not matter whether the man had enough knowledge of Islam or not.

Under such circumstances the youth was neither allowed to take his wife nor to marry her again, it stated adding that now she would be required to go through "halalah". Halalah is a practice under which the woman has to marry and divorce another man before she can marry her previous husband again.

As per the ruling that the woman would be required to complete 'iddat' (three months time) period after which she would be required to marry another man. The woman would be then required to divorce her second husband and go through iddat period again.

"Then only the woman would be allowed to re-marry her former husband," it stated. Iddat is a period when the woman is supposed to stay away from celebrations and socialising.

"When you gave three talaqs, all the three took place. No matter whether the woman gives talaq or not. Your wife became haram for you whether you are aware from the commandment of Islam more or less," the fatwa read.

"Neither you have the right to take her back nor solemnize new nikah without a valid halalah. After the completion of iddat period, the woman can marry where she wishes except you. It is proved from Bukhari (Vol. 2, P. 791) and Fatawa al-Hindiyah etc," it added.

Senior mufti of Dar-ul-Uloom Waqf Arif Kasmi said that under Shariyat talaq even if given in a lighter vein amounts to divorce.

(Published 27 October 2010, 15:40 IST)

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