Fatwa: # 47073
Category: Divorce (Talaaq)
Country:
Date: 7th April 2021

Title

Couple living together despite three Talaqs given

Question

A man has divorced his wife 3 times. But they are still living together. So we (relatives of woman) should boycott the husband ? Or if we know that boycott would not be of any use and they will still keep on living together should we keep our relationship with the husband as they were before? And can we invite them for dinner or something as a couple?

Answer

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

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

There are two aspects to address in your query: 

1)    Shariah ruling in regards to issuing three divorces. 

In principle, if the husband issues three Talaaq’s to his wife, the Nikah instantaneously terminates. This is referred to as ‘Talaaq-e-mughalladhah’. This form of divorce demands immediate separation between the spouses. If the couple fail to uphold the commandments of Shariah and continue to live together, they will be sinful for doing so.  

 

Should they wish to re-marry the ex-wife, has to undergo a Halalah procedure. Halalah is when the divorcee spends her Iddah of divorce after which she marries another person. The new marriage is then consummated. The second husband then divorces his wife or passes away. The woman then waits for her Iddah to finish after which she may re-marry the first husband if she wishes to. 

 

2)    How the relatives should behave with the man and the women? 

Firstly, you should advise or identify somebody of influence to advise the ex-husband and wife of their wrong doings and inform them of the Shari’ obligations now that they are divorced.  

 

If they are persistent upon their sin then you should not treat them as husband and wife anymore, nor should they be invited for dinner or any occasions as husband and wife. Rather, you should deal with them in a diplomatic manner and seek for them to uphold the commandments of Shariah.[i] 

 

And Allah Ta’āla Knows Best 

Mohammed  

Student Darul Iftaa  

UK 

Checked and Approved by, 
Mufti Ebrahim Desai. 

 


[i] المبسوط لسرخسي ج7 ص141 

حَدِيثُ ابْنِ عُمَرَ رَضِيَ اللَّهُ تَعَالَى عَنْهُ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ { إذَا طَلَّقَ امْرَأَتَهُ ثَلَاثًا فَتَزَوَّجَتْ بِزَوْجٍ آخَرَ لَمْ تَحِلَّ لِلْأَوَّلِ حَتَّى تَذُوقَ مِنْ عُسَيْلَتِهِ وَيَذُوقَ مِنْ عُسَيْلَتِهَا } وَمِنْهُ حَدِيثُ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا { أَنَّ رِفَاعَةَ الْقُرَظِيَّ رَضِيَ اللَّهُ عَنْهُ طَلَّقَ امْرَأَتَهُ فَأَبَتَّ طَلَاقَهَا فَتَزَوَّجَتْ بِعَبْدِ الرَّحْمَنِ بْنِ الزُّبَيْرِ رَضِيَ                                                        

وَالْمَذْهَبُ عِنْدَ جُمْهُورِ الْعُلَمَاءِ أَنَّ الدُّخُولَ بِهَا شَرْطٌ أَيْضًا    

 

عالمغيرية ج1 ص355 رشيدية 

 اذا قال لامرأته انت طالق و طالق و طالق و لم يعلقه بالشرط ان كانت مدخولة طلقت ثلاث  

 

فتاوى محمودية ج18 ص312 مكتبة محمودية 

 

 

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