Can a woman give Talaq to her husband and marry someone else after the passing of the waiting period?

CategoriesDivorce [521]

Fatwa ID: 01994

Answered by Mufti Mohammed Tosir Miah

Question:

I just want to know that if I give my husband a written divorce is it allowed in Islam and after 3 months I can remarry I can’t be with him he has not treated me as a wife and have been abused domestic violence been separated for 3yrs and don’t live with him anymore. 

Answer:

Bismillah

First and foremost it is only the right of the husband to give his wife Talaq. A woman is not allowed to give Talaq and such a Talaq would not affect the termination of the marriage.

The evidences from the Holy Quran are as follows:

1 "O Prophet! when you divorce women, divorce them at their prescribed periods." (Surah Talaq V.1)

2 "So, if the husband divorces his wife, he cannot after that remarry her until after she has married  another husband." (Surah Baqarah v230)

3 "When you divorce women and they fulfill the term of iddah…" (Surah Baqarah v231)

4 "There is no blame on you if youdivorce women before consumption or the fixation of the dower." (Surah Baqarah v236)

5 "And he is whose hand is the Marriage …" (Surah Baqarah v237)

However, if you sent your husband a written divorce and he acknowledges it by signing it then a Talaq would occur. (Please check the Darul Ifta Birmingham website for a detailed answer on the issue of written divorces)

If your husband does not sign the papers, no divorce has happened and you will not be allowed to marry another man after the passing of the waiting period.

There is an Islamic way for a Muslim woman to annul the marriage in particular on the grounds of domestic violence and that is through an Islamic Shariah Council.

An Islamic Shari Committee can annul a marriage if they have at least three just persons sitting therein.  They should all be knowledgeable and well versed in Shariah laws on marriage and divorce.  An annulment issued by such a committee is valid in the Shariah.   (The Complete System of Talaq p.211)

An annulment of marriage can be effected in any of the following situations:

  1. The husband is missing completely
  2. The husband is absent with no known whereabouts
  3. The husband is incapable of maintaining his wife
  4. The husband is unwilling to maintain his wife
  5. The husband oppresses the wife such that he does not fulfil her rights
  6. The husband is castrated
  7. The husband is impotent
  8. The husband is insane
  9. The husband is afflicted with leprosy or any other illness which makes living with him difficult
  10. The choice of an immature when he/she attains maturity
  11. Husband or wife become apostate
  12. Foster relationship which only becomes known after Nikah

(The complete System of Divorce p.213)

I have forwarded the contact details of the Islamic Shariah Council in Dewsbury who may help you in annulling your marriage with your husband.

Contact:

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

Only Allah Knows Best.

Mohammed Tosir Miah

Darul Ifta Birmingham

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