Skip to content

Is a Divorce Valid After Saying Talaq Three Times in Anger?

Question:

My cousin, who lives abroad, had an argument with his wife over the phone. In anger, he said “1 talaq 2 talaq 3 talaq.” Is this considered a valid divorce, or can they reconcile and continue their marriage?

Answer:

In Bangladesh, as per Muslim family law, saying “talaq” three times in one sitting, even out of anger, can result in a valid divorce under certain conditions. Here’s a breakdown:

1. The Concept of Talaq (Divorce) in Islam:

  • Talaq is the Islamic method of divorce, where a husband can pronounce divorce (talaq) to his wife.
  • According to Bangladesh’s Muslim Family Laws Ordinance, 1961, a husband may pronounce talaq three times (in separate instances) for a divorce to be effective, or he can give it in writing to the wife and register it with the Union Parishad.

2. Three Talaqs in One Sitting:

  • If the husband pronounced three talaqs at once (i.e., “1 talaq, 2 talaq, 3 talaq” in a single sitting), it may be considered an invalid divorce under modern interpretations of Islamic law in Bangladesh. The Divorce (Talaq) Act, 2011, mandates that a talaq should be pronounced over three months, with a waiting period (iddah) in between.
  • Talaq in Anger: If your cousin uttered the talaq out of anger, it could still be valid unless it was proven to be a rash or unreasonable decision. Islamic law allows talaq even if it’s pronounced in anger, but the intention behind it matters.

3. Reconciliation and Possibility of Family Restoration:

  • If Divorce is Valid: If the talaq was valid, it is considered an irrevocable divorce after the third pronouncement. However, they can reconcile only after the wife has completed her iddah (waiting period) and if the wife marries someone else and then gets divorced from that person (a process known as halalah).
  • If the Divorce is Invalid: If the talaq was not valid (i.e., all three were pronounced at once), the couple can immediately reconcile without any formalities. In this case, they should approach a local religious authority or a family court for clarification and reconciliation.

4. Recommendation:

  • Your cousin should consult a local Islamic scholar or a family lawyer in his country to determine whether the talaq was valid and what steps he needs to take if he wants to reconcile.
  • If they wish to restore the marriage, it’s advisable to go through the correct legal or religious procedures to ensure that the divorce or reconciliation is handled properly.