Fatwa: # 34400
Category: Divorce (Talaaq)
Country: Macedonia
Date: 11th March 2019

Title

Is my Talaaq valid?

Question

Dear Brothers,

Assalamu aleikum.

I am writing this message to seek your assistance in the family issue that I have. I will do my best to give my story and facts very precisely and shortly. I married the woman that I fell in love with in 2010 and lived together only three months. During these three months, we had fights as the other families do and her relatives meddled in our family business many times. In one word, she left her matrimonial home ultimately and stayed with her parents for ten months. Then she went to a non-Islamic court, filed a divorce application, and demand maintenance and custody of the son we have. She was hoping to get me back through this way, as she was hoping so. I tried to bring her to senses and convince her to be strong and keep living together just before the court judge was going to issue a statement, which separates us. She kept proposing her own terms that she would agree to live with me if I accept them. I got really mad and did not grant her any terms or conditions that would allow to do anything she wanted and we got finally separated by the non-Islamic court. I left the court and return to my job on the same day. I was not in a good mood when she called me and asking when we are going to get the approved statement from the court. I answered that they will let us know, just be patient. Next, she asked me to release her by Islamic way. After hearing her request, I became extremely angry and pronounced I divorce you three times at once without thinking and hung up the phone.  

After some time, we got to talking since we have a son together and I support her financially all the time. Later she realized that she made mistake and regrets about all the things happened. Honestly, I still love her and want her back with my kid. But initially, I would like to consult with you if we can get together by sharia law.

I’ve been searching this issue everywhere and found some feedback from the internet and talked to other people who have better understanding of this question.

Ultimately, this is what I have discovered recently from the following internet sources:

1)   http://en.shafaqna.com/news/10523

Question 3: Is it necessary that there be two witnesses when the formula of divorce is being recited?

Answer: The presence of two just male witnesses is required; without their presence the divorce would not be in order.

2)   http://www.islamandquran.org/fatwas/does-giving-three-talaqs-at-once-end-the-marriage.html

A proper marriage may only be ended by a proper divorce. Unfortunately, people are misinformed on this topic. Believing that three talaqs end the marriage, is one of these. This is incorrect. Giving three talaqs at once reluctantly and due to anger, does not end the marriage. Divorce has rules, too. Therefore, you should be relieved.

With all this said, I would like to hear your kind advice and guidance in order to put together everything right.

I thank you in advance for your kind help and may Allah bless you!

Looking forward to hearing from you soon.

Answer

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

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

Brother in Islam,

If a wife merely applied for a civil divorce, that application alone does not constitute a divorce.

If the judge granted the divorce, that too does not constitute a Shariah divorce if the husband did not intend issuing talaaq to his wife.

However, you state, you issued your wife three Talaaqs in one instance.

The three Talaaqs issued to your wife are valid and constitutes a Talaaq-e-Mughallazah (a permanently irrevocable divorce). Therefore, your marriage has terminated. You are no longer husband and wife. [1]

It is not necessary to have two witnesses present at the time of issuing divorce.

We advise you to make Tawbah and Istighfaar in abundance and make du’a to Allah Taa’la.

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

_________

[1] الهداية في شرح بداية المبتدي (2/ 257) 

وإن كان الطلاق ثلاثا في الحرة أو ثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها " والأصل فيه قوله تعالى: {فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجاً غَيْرَهُ} [البقرة: 230]

 

الفتاوى الهندية - ط. دار الفكر (1/ 473)

وَإِنْ كان الطَّلَاقُ ثَلَاثًا في الْحُرَّةِ وَثِنْتَيْنِ في الْأَمَةِ لم تَحِلَّ له حتى تَنْكِحَ زَوْجًا غَيْرَهُ نِكَاحًا صَحِيحًا وَيَدْخُلَ بها ثُمَّ يُطَلِّقَهَا أو يَمُوتَ عنها كَذَا في الْهِدَايَةِ وَلَا فَرْقَ في ذلك بين كَوْنِ الْمُطَلَّقَةِ مَدْخُولًا بها أو غير مَدْخُولٍ بها كَذَا في فَتْحِ الْقَدِيرِ وَيُشْتَرَطُ أَنْ يَكُونَ الْإِيلَاجُ مُوجِبًا لِلْغُسْلِ وهو الْتِقَاءُ الْخِتَانَيْنِ هَكَذَا في الْعَيْنِيِّ شَرْحِ الْكَنْزِ أَمَّا الْإِنْزَالُ فَلَيْسَ بِشَرْطٍ لِلْإِحْلَالِ

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