Category: Divorce
Fatwa#: 25525
Asked Country: Russian Federation

Answered Date: May 25,2013

Title: Three Divorces

Question

My husband and i had quarrel and he told me "Enti talaq talaq talaq", and i left him, but then he convinced me that is was not divorce, because he was angry, and didnt mean to divorce, said also if it was divorce it was just one, and i can come back to him, he convinced me that he asked imam, and that he gave money to poor people for his mistake. Convinced me that I am his wife anyway because he said so, and if he is wrong it would be only his haram, but I have to listen to him only... So I came back to him, got pregnant, and in 2009 born child (girl) in his country. But he was bad with me, he had no respect to me, always made quarrel from nothing, even if i am muslim, and i was wearing hijab all the time outside home, and pray and fast in Ramadan. So I suffered with him and in 2010 I took my daughter and left him, went to Russia.

Now I want to divorce him, I want to be free, because I cannot be with him, I cannot be good with him, because i don't like him and don't respect him, even if he prays and fasts in Ramadan. I asked him to divorce me, but he told me he would never give me divorce and told me to live how i want. I don't know what to do and how to get my divorce, i am afraid to go to Jordan to divorce him there, because afraid of him and afraid to loose my daughter. And in .... we don't have sharia court... And I don't know what to think, maybe I am already divorced since 2007, don't know if I can marry again or no...

Answer

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

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

You state that your husband pronounced the following statement to you “Enti Talaaq talaq talaq.” You also state that he convinced you that the aforementioned statement does not constitute divorce since it was issued in the state of anger.

The statement of your husband “Ante Talaaq Talaaq Talaaq”, constitutes Talaaq- e- Mughallazah (permanently irrevocable divorce). The implications thereof being that the Nikaah terminated at that point and you cannot live together as husband and wife.[1]

 

Furthermore, divorce issued in the state of anger is valid.[2]

 

You should separate from your husband immediately and make Tawba to Allah for staying with him after he divorced you three times in 2007.

 

Should you require further clarity on the above issue, you may contact the Darul Iftaa or any competent local Mufti/Alim/Islamic Organization.

 

Darul Iftaa Contact Details:

 

Tel: 031 207 5772/072 786 4923

Country Code: +27

 

And Allah Ta’āla Knows Best                                        

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.



1الثنتان في الامة بمنزلة الثلاث في الحرة.الدر المختار.207.باب الصريح.دار الكتب العلمية.[1]

كرر لفظ الطلاق وقع الكل.الدر المختار.293/3.

فاوي دار العلوم ديوبند.504/1.دار الاشاعة.

فتاوي محمودية.306/18.محمودية

 و يقع الطلاق من غضب خلافا لابن القيم.رد المحتار.244/3.مطلب في طلاق المدهوش.كراتشي [2]

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