Ask Me Help Desk - Talaq-ul-tawfeez/tafweed

Talaq-ul-tawfeez/tafweed

Assalamualaikum,

Could you tell me about Talaq-ul-tawfeez (most probably in Bangladesh) or Talaq-ul-tafweed (Correct term found online research). If an woman sends a letter stating all those reasons that doesn't make any sense, and based on Talaq-ul-Tawfeez I (the woman) am divorcing you, is it a valid way of divorce in Islam?

Jazzakumullahu khairan

Jakir from Canada

Talaq is not allowed without valid reasons in islam and that applies for both men and women. It should be done with discussion with family and in presence of religious priest with proper documents.

Quote:

Originally Posted by smkanand

Talaq is not allowed without valid reasons in islam and that applies for both men and women. it should be done with discussion with family and in presence of religious priest with proper documents.

We had a serious argument situation and I said Talaq once, however, on the very next day I revoked it and had a very close intimacy situation except intercourse and at that point her father (her parents were living with us) forced me to leave my house and I left the house to cool the situation down and also a commitment from her that she would call me back in couple of days/weeks. Due to surrounding influences (I believe) she stayed away from me, meanwhile I told her again and again that we are not divorced, she refused referring an Imam she spoke with and he said she was divorced (surprising). I told her to take me to that Imam and refused that too. Last time she went back home and about after three month when she came back she handed over a letter endorsed by a Bangladeshi lawyer stating "due to maladjustment I am divorcing you based on talaq-ul-tawfeez". I spoke with my local Imam regarding that letter and he said that was nothing and I told her that too, not to mention, everything went with no success.

Just so you know the problem is continuing for last 31/2 years, and none of her relatives came/called me regarding this separation. I tried my best to resolve the issues within limited opportunity, again with no success. Her main point was that we were divorced. I even send her 'youtube video' as reference, nothing worked out.

Well my idea is if she doesn't want to live with me fine, even though we have a 4-year-old son, she could have completed the divorce procedure properly. At this point is valid for her to marry another man, if she does then what?

I don't know about Islam, or the practices. You stated you're in Canada. When you married, did you marry only according to Islam, or are you legally married In Canada? If you legally married, which requires a signed marriage certificate, then uttering a word three times doesn't mean you're divorced. She would have to follow the laws and legally divorce you.

If you didn't legally marry then you have no recourse, and she can "marry" someone else as long as she's not legally (according to Canadian law) married to you.

No, she alone and you alone can not do this. When I meant it should done in front of religious priest, the process is to write talaq on papers 3 time in front of priest. And I guess she want to get separated from you. You have to accept this sooner or later. As far as divorced is concerned you can also start proceedings for divorce with a Imama and complete the process asap. At this point she is can not marry another person, process has to be completed on both sides.

Quote:

Originally Posted by Alty

I don't know about Islam, or the practices. You stated you're in Canada. When you married, did you marry only according to Islam, or are you legally married In Canada? If you legally married, which requires a signed marriage certificate, then uttering a word three times doesn't mean you're divorced. She would have to follow the laws and legally divorce you.

If you didn't legally marry then you have no recourse, and she can "marry" someone else as long as she's not legally (according to Canadian law) married to you.

Well this is a problem too, we were legally married in Canada. We have Canadian marriage certificate signed by both of us, surprisingly she didn't file for divorce here in Canada. In the entire 'divorce' process I never had even a chance to consent.

Honestly, I tried that too, I told her to complete the divorce procedure properly, but she replied saying "you divorced me already so no need to do that again". Every time my trying to convince her on sharia based divorce went in vain hearing "I know sharia much better than you"

OK then, once more you have to divorce her, now in presence of couple of witnesses on phone or face to face. To complete the procedure.

Quote:

Originally Posted by smkanand

ok then, once more you have to divorce her, now in presence of couple of witnesses on phone or face to face. to complete the procedure.

Thank you, exactly this is what I have in my mind and will start it soon.

Quote:

Originally Posted by smkanand

ok then, once more you have to divorce her, now in presence of couple of witnesses on phone or face to face. to complete the procedure.

Not only that. If she wants to divorce him she'll have to do so legally, especially if she plans to remarry (which the OP did state could happen). If they have a signed marriage certificate in Canada, she can't just divorce according to Islam, she has to legally divorce according to Canadian law.

If she remarries legally (according to Canadian law) without divorcing legally (again according to Canadian law) , she'll end up in jail.

Quote:

Originally Posted by jakir_hossain

Thank you, exactly this is what I have in my mind and will start it soon.

Your welcome. This time complete it with proper procedure. Good luck.