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My friend who is Shia got married with a Sunni girl. The father of the girl gave in writing that he is not responsible for the girl and she has all the rights to spend her life as per her wish and will (it was a love marriage).

After court marriage the boy took her to his house where again Nikah was performed as per Shia rules. After few months the couple felt that it was a wrong decision. One day the boy gave her tallaq (the boy said afterwards to the family that he was joking as there was no witness).

What is the concept of tallaq in Shia Islam once it is given as mentioned above?

Thanks.

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As you inquired

What is the concept of tallaq in Shia Islam once it is given as mentioned above.

In regard to divorce or Talaq in Shia, you’d better note some points concerning the conditions of Talaq from Shia’s perspective.

  • Divorce contract or Talaq must be recited with the correct Arabic words
  • Divorce contract ought to be done in a way such that two just men (who are considered as witness) listen to it.
  • … Consequently divorce won’t be valid if it is constrainedly or joking

and so forth.

On the other hand, for Nikah or marriage, the presentence of witnessed is not necessary (by observing the terms)

References:

www.islamquest.net / and this link

www.islamquest.net

www.hoseini.org

  • 1
    and just to add a point ... There is no concept of saying three talaaq at one time in Shia's. – Zia Jun 8 '15 at 6:37
  • Uh-huh, yeah, precisely you are right. Shia considers it not like that. Actually, as briefly speaking and illustrating, based on Shia, it ought to be done in three different times, not just repeating it three times. – اللهم صل علی محمد و آل محمد Jun 8 '15 at 6:48
  • This answer only mentions how Shia couple can get divorce and doesn't highlight whether those rulings applying in case one of the spouse is Sunni (not-Shia). – Bleeding Fingers Jun 8 '15 at 15:14
  • Uh-huh, this is a nice point that you mentioned. The mentioned matter could be counted as a general rule, and it can counted for (a couple of Shia-Sunni as well). (from the viewpoint of Shiite as much as I know) – اللهم صل علی محمد و آل محمد Jun 9 '15 at 5:11

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