In the Hanafi view, after my husband said the triple talaq in anger, am I now divorced with no hope of reconciliation?

Question

During a period of anger, my husband said the triple talaq. As a revert, I didn't understand the consequence of what he was saying and I've had to Google this. Is it really true that I'm now divorced with no hope of reconciliation?

I was drawn to the beauty of Islam by it's fairness, reading book after book on how fair Islam is to women and how we we are given more rights than are given in society and the Catholic faith I came from. Please can someone clarify this for me and offer some explanation on how this protects women. This has really knocked my faith.

Answer 1

For such a critical ruling you should consult a Mufti to give you the correct verdict taking into account all the relevant details ... for example the wording and the intention plays a part.

According to the Hanafis, and AFFAIK most of the classical scholars ... three divorces in a single go are effective and come into force.

From the Hanafi text Hidayah (view here):

Talaq al-bidah (innovation conflicting with the Sunnah) is that he divorce her with three repudiations pronounced in a single statement or three repudiations in a single period of purity. If he does this, the divorce takes effect, but he has sinned. Al-Shafi`i (God bless him) said that each form of divorce is mubah (permissible) as it is a legally valid act so that it leads to its legal effects.

From the Hanafi Tafsir Ahkamul Quran by Abu Bakr Al-Jassas (view arabic here):

قوله (تعالى): الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان ؛ الآية؛ يدل على وقوع الثلاث معا؛ مع كونه منهيا عنه؛

[my translation] The verse 2:229 " لطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ " gives proof for the validity and enforcement of three divorces given together.

From Tafsir Qurtubi (Maliki scholar, but mentions the majority view and doesn't mention a dissent for the Hanafis):

قال علماؤنا: وٱتفق أئمة الفتوى على لزوم إيقاع الطلاق الثلاث في كلمة واحدة؛ وهو قول جمهور السلف، وشذّ طاوس وبعض أهل الظاهر إلى أن طلاق الثلاث في كلمة واحدة يقع واحدة

[my translation] Our Ulema say: The Imams of Fatwah are agreed on the matter that giving three divorces in one statement makes them binding and this is the saying of the majority of the Salaf. And Tawus and some of the Ahl-e-Zahir said that giving three together enforces one divorce.

Also see islamweb:

However, if one delivers three divorces at once by saying an expression such as: "You are divorced thrice", without repeating the expression (I divorce you), then the Muslim Scholars differed in this case. Imams Abu Haneefah, Malik, Shafi’i, Ahmad and the majority of the Muslim Scholars consider this kind of divorce as divorcing three times ...

However, Imam Tawoos, Ibn Taymiyah and other contemporary Scholars consider it as only one divorce.

Regarding the state of anger, it does not effect the divorce unless the anger was of such an extreme nature that it reached lunacy, see Radd al Muhtar, and the approximate translation here, again this is something you should elaborate to a Mufti and he will guide you further.

Answer 2

Unfortunately in Hanafi three talaaqs does fall whether said in jest or anger. It is the most disliked form of talaaq and is to be used only in extreme circumstances. It is a fair ruling meant to make both parties value the seriousness of nikaah and that is it not to be taken lightly as would be the case if there was continuous talaaq and nikaah with no repercussions. I am so sorry for you. When Allah takes you out of something, it is to replace you with better-that is faith.