Tuesday | 12 November 2019 | 15 Rabiul-Awal 1441

Fatwa Answer

Question ID: 685 Category: Business Dealings
Talaq/Divorce

Assalamualaikum,

 
I have a question regarding Talaaq. I have told my wife that I am giving her Talaaq.  It was done on the phone because I am in Chicago and she is currently staying with her parents.  This was done a week ago, on my end my father, mother and younger sister were listening and on her end after I spoke to her, I spoke to her father as well and said I was giving her Talaaq
 
My question is, do there need to be any witnesses for Talaaq to be valid?  The reason I'm asking is because her father claims that he did not hear me giving her Talaaq.  Does he need to hear me saying it to her?
 
Second question is that when giving Talaaq I confirmed that it was a final Talaaq although it was my first and only time of saying it.  Does that count as a final Talaaq or do I have to say it three times?  Do I have to say it three times in the same sitting or does it need to be with some sort of interval?  Or, like I said, is one time enough.  
 
Please advise.  Jazakallakhair.
 
AllahHafiz

الجواب وبالله التوفيق

In order for a talaq to take effect, the presence of witnesses is not required, in fact the wife’s own (in person) presence or listening to the issuance of talaq is not required either. Therefore, when you issued the talaq, it took effect immediately. There is no effect on the validity of this talaq based on your father in law’s listening (or not listening) to it.

ذھب جمہور الفقھاء من السلف و الخلف ان الطلاق یقع بدون الشھادۃ  (کتاب النوازل، ص۵۳۱، ج ۹

You have mentioned in your question that this “final talaaq” was your first talaq that you have issued, therefore, it will be considered one Talaq-e-Raj‘ai(revocable divorce). There is no need to issue an additional talaq as in the case of Talaq-e-Raj‘ai the husband has a right to perform ruju‘ i.e. to take his wife back during her period of ‘iddah or perform a new Nikah to be together again after her period of ‘iddah.

 

If for some reason performing new Nikah does not seem suitable then the woman is free to perform Nikah with someone else.

واللہ اعلم بالصواب