If a nikkah is broken first (in this case due to kalima kufr) then afterwards talaaq is given, does this talaaq count?
Kalima kufr is when someone utters words of disbelief.
Asked
Active
Viewed 649 times
1
-
Is this the woman's first marriage or was she married before? – Muslim_1234 Jun 14 '17 at 16:36
-
It was her first marriage, she's only been married once and hasn't married since – Imran Ali Jun 14 '17 at 16:40
-
What is the period of time between talaq to fast forward today? – Muslim_1234 Jun 14 '17 at 16:58
-
See: https://islam.stackexchange.com/questions/103/just-reciting-talak-thrice-commits-divorce – Muslim_1234 Jun 14 '17 at 17:38
-
What do you mean by kalima kufr? – Medi1Saif Jun 15 '17 at 01:42
-
Kalima kufr is when someone utters words of disbelief – Imran Ali Jun 15 '17 at 12:15
1 Answers
1
If you are sure that the Nikah is broken due to Kalima Kufr, then the Talaaq doesn't count because Talaaq can be only be given when a Woman is in the Nikah of a Person.
Talaaq is defined by a renowned Book in Fiqh (Kanz ud Daqaiq):
هُوَ رَفْعُ الْقَيْدِ الثَّابِتِ شَرْعًا بِالنِّكَاحِ
Translation: (Talaaq) is lifting up of the condition, which is imposed due to Nikah.
So if the Nikah is already broken, then you can not give divorce to a woman. It's like giving divorce to an unknown woman.
Inzimam Ul Haq
- 345
- 1
- 10