Category: Divorce (Talaaq)
Fatwa#: 39341
Asked Country: United States

Answered Date: Nov 10,2017

Title: 3 Talaaqs

Question

The nikah was done august 2016 not announced to family yet. Husband said he will divorce 1st wife then come to my house for my hand. She was pregnant with his second child and was waiting on her birth. After the birth she was staying with his parents at their home for a few months and then left to her mothers house its been close to 8 months she has been at her parents’ home. He said he will bring rishtha in December and openly do nikah but his father will not let him divorce 1st wife so father and son go into it and father went to paksitan. Now father is back but has said if you divorce her I will divorce your mother. So he told me he will have a talk with his parents and explain he isn’t happy with 1st wife  and was never happy with the marriage he told me he will do anything to be with me even if he has to leave the house.. he supports his parents and stays with them

On the other hand a few months ago we both got into an argument his complains I don’t give him time and the argument got heated and I said let’s just end this and he was pretty angry too and said he son of xyz gives me xyz thalaq he said that 3 times so we hung up didn’t speak for 2 days then one of his friends reached out to me and said hes pretty upset crying and saying why didn’t I do this can you talk to him we talked and he said this is only one thalaq. So I have asked a few scholars jamia ashrafia and others they said this is not over you still have 2 chances but I feel its over and he doesn’t believe me so I need a fatwa showing that so I can move on and not be included in the ghunnas and I don’t want to ruin his 1st marriage also I don’t want him to leave his parents since he is the one supporting them..

so our thalaq is valid right?

Thanks 

Answer

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

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

Sister in Islam, The three Talaaqs issued[1] by your husband constitute Talaaq-e-Mugallazah (a permanently irrevocable divorce).

Your Nikaah has terminated completely. You cannot stay as husband and wife. The ruling given by Scholar of Jamia Ashrafia that the three Talaaqs are one is incorrect.

Kindly find a link on detailed research on three Talaaqs at: http://www.askimam.org/public/question_detail/17287 

You are now in Iddat and you have to observe the laws of Iddat. You may refer to the following link for rules on Iddat.

http://www.askimam.org/public/question_detail/28996

Sister, we advise you to exercise caution in future. Consult with your senior in future and avoid making a similar mistake in future. We also advise you to make Tauba and Istigfaar for the inconvenience caused to the father and wife and children of your ex-husband.

 

And Allah Ta’āla Knows Best

Muhammad Yaasir Iunus Hussen

Student Darul Iftaa
Mozambique

Checked and Approved by,
Mufti Ebrahim Desai.

 



  [1]فتاوى دار العلوم زكريا، جلد چہارم ص

 

و في الخانية: رجل قال لامرءته '' أنت طالق أنت طالق أنت طالق'' و قال : عنيت بالأولى الطلاق و بالثانية و الثالثة إفهامها، صدق ديانة و في القضاء طلقت ثلاثا.

الفتاوى التاتارخانية،ج٤،ص٤٣٠

 

[فُرُوعٌ] كَرَّرَ لَفْظَ الطَّلَاقِ وَقَعَ الْكُلُّ، وَإِنْ نَوَى التَّأْكِيدَ دِينَ.

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 293)

 

فتاوى محموديه ج18،ص273

 

ولو قال: أنت الطلاق، أو أنت طالق الطلاق، أو أنت طالق طلاقا، فإن لم تكن له نية أو نوى واحدة أو ثنتين فهي واحدة رجعية، وإن نوى ثلاثا فثلاث. ووقوع الطلاق باللفظة الثانية والثالثة ظاهر، لأنه لو ذكر النعت وحده يقع به الطلاق،

البناية شرح الهداية (5/ 309)

 

فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ‪ فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

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