Category: Divorce
Fatwa#: 21424
Asked Country: Spain

Answered Date: Jul 09,2012

Title: My husband issued three Talaaq's through a stamp and signed by witnesses, am I divorced according to the Shariah?

Question

My husband gave 3 talaqs (1,2,3 talaq and bain talaq) to his

wife through a stamp with signed and whitness also notery public.

again prepare 1 talaq notice through kazi office. and send 1 talaq

notice to his wife. didn't sent the 3 talaqs notice. and withdraw 1

talaq notice through the Bangladesh city corporation within 80days as per

law of Bangladesh and living together. As the wife didn't get any

information about the 3 talaqs(stamp) what is the solution in the

islamic sharia? is the marriage still valid? if not valid what they

have to do? For your kind information they have also 2 childrens. and

my got second marriage and hide this to his first wife.

Now that guy said he wanted to gave warning to his wife not full

talaq.Plz give us solution.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If your husband  issued three Talaaqs in writing, the three Talaaqs are valid and considered as Talaaqe Mughallazah (permanently irrevocable divorce).[1]  It is not a condition for the validity of the Talaaqs that you receive the divorce certificate/document.[2] The subsequent divorces will not be considered. The implications thereof being that the Nikaah terminated at the point when he issued the three divorces and you cannot live as husband and wife together. You should immediately separate from you husband.

Your iddat will be counted from the time your husband issued the three divorces.

If your’ll stayed together as husband and wife after that, that is a sin for which your’ll should make Tawba and repent.

 Should you wish to re-marry you ex-husband, you will have to marry another person, consummate the marriage and then make a new Nikaah with your ex-husband.

And Allah Ta’āla Knows Best

Moulana Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 



  1 الكتابة علي نوعين مرسومة و غير مرسومة و نعني بالمرسومة ان يكون مصدرا و معنونا مثل ما يكتب الي الغاءب و غير المرسومة ان لا يكون مصدرا و معنونا هو علي وجهين مستبينة و غير مستبينة فالمستبينة ما يكتب علي الصحيفة و الحاءط و الارض علي وجه يمكن فهمه و قراءته.و ان كانت مستبينة لكنها غير مرسومة ان نوي الطلاق يقع و الا لا و ان

كانت مرسومة يقع الطلاق نوي او لم ينو.رد المحتار.236/3.كراتشي.

 

[2]  فتاوي محموديه، ج 18، ص 259-260، محموديه

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