Question Summary:
I have a question with regard to Talaaq. I would like to know, does talaaq happen when you accidentally say it while you are alone without your wife infront of you and there is no one else around to witness what you have said?

Question Detail:

I have a question with regard to Talaaq. I would like to know, does talaaq happen when you accidentally say it while you are alone without your wife infront of you and there is no one else around to witness what you have said?
 
If you have an adopted daughter and when divorce happen can the daughter stay with the adopted mother or she has to be sent back to authority (if i'm not mistaken it is the responsibility of the government to take care of parentless childred)?

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
1.       What do you mean by accident? If one utters the word talaq with the intention (qasd) of divorcing the wife, the talaq will be valid even in the absence of the wife, or even if the talaq was issued in anger or jokingly.
2.       One adopts a child to give support and love to the adopted child. A divorce will defeat the purpose of adopting a child. In fact, it is possible the divorce will create a greater imbalance in the child.
If one is really honest and sincere in giving comfort to an adopted child, he/she should exercise restraint and continue with the marriage. Nevertheless, in the case of a divorce, the child could live with the adopted mother if she agrees.
 
And Allah Ta'ala Knows Best


Wassalamu Alaykum


Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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