Has my divorce been Impacted for the last ten years?

Fatwa ID: 03337

Answered by: Mufti Eunus Ali​

Question

 

My husband gave me a divorce in 2004 without saying it he simply gave me a piece of paper in which divorce was written that I give you Talaq, the word was written. Since then I never met him nor we had any relations just wanted to check in the light of Islamic law and rules that is this divorce is effected as it seems one divorce and not three as in the light of sunnah.

My x husband gave me only one paper in which divorce was written and then I submitted that paper in the court they gave him notices to reconcile but he never showed up and I got a degree. It is for a few weeks in my mind that my divorce is not effected as it supposed to be one talaq and 2 talaqs are remaining. Please answer me in detail if I go back to him or if we continue our relations is it halal as we have kids too.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

 

Answer

As the letter written by your ex-husband was clear and directed to you in issuing a divorce, a revocable divorce had taken place.[1]

Thereafter as there was no reconciliation between the both of you during the iddah (waiting) period, the nikah has therefore been terminated. The divorce issued was a revocable divorce; therefore you may remarry him by conducting the nikah again along with its conditions (proposal, acceptance, two witnesses etc.).[2]

To continue a relationship with him without repeating the nikah will not be permissible despite having children together.

For further details please refer to the link below:

http://daruliftabirmingham.co.uk/writing-three-divorces-on-a-piece-of-paper/

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1]FatawaHindiyyah, Volume 1, Page 414, Darul Kutubul Ilmiyyah

[2]Al Fatawa Al Hindiyyah, Volume 1, Page 502, Darul Kutubul Ilmiyyah & Al Lubab Fi Sharh Al Kitab, Page 453, Al MaktabatulUmariyyah

أَقَلُّهُ عَشَرَةُ دَرَاهِمَ) لِحَدِيثِ الْبَيْهَقِيّ وَغَيْرِهِ «لَا مَهْرَ أَقَلُّ مِنْ عَشَرَةِ دَرَاهِمَ» وَرِوَايَةُ الْأَقَلِّ تُحْمَلُ عَلَى الْمُعَجَّلِ

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