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.


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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