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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.

  • Is this the woman's first marriage or was she married before? – Armaan 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? – Armaan Jun 14 '17 at 16:58
  • See: islam.stackexchange.com/questions/103/… – Armaan Jun 14 '17 at 17:38
  • What do you mean by kalima kufr? – Medi1Saif Jun 15 '17 at 1:42
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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.

  • Really good answer but would you have any more proofs / references? – Imran Ali Jun 16 '17 at 3:32

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