Fatwa ID: 07204

Answered by: Maulana Abdul Malik

Question:

My husband said I divorce you three times on different occasions. The first one was 6 months ago. In which we had intercourse a day before. He in anger said that he divorces me.  He took me back. The second one was couple months ago and during that period I was menstruating.  After that he took me back again. The third time it was recent that too we have had intercourse in that period of purity. Not after divorce. What are the rulings on it. There was no one present at the time except me and my husband.

Also worthy to mention we have had an argument before and then after he asked me if I want divorce he will give me that. He continued to ask five time and i said yes every time. It happened last two time.

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

Answer:

When your husband uttered clear words of divorce to you three times on different occasions divorce came into effect each time. (Al lubaab fi sharh al Kitab, pg 100, vol 4)[1]

With regards to issuing three (3) divorce to one’s wife, Allah the exalted states in the Quran: “So if a husband divorces his wife (three times), then it is not lawful for him to remarry her until after she has married another man and then is divorced”. (Quran, chapter 2, verse 230)[2]

Meaning that if the husband goes on to pronounce the third talaq as well (something not liked by the Shari’ah), the transaction of nikah shall stand totally annulled. He has exhausted his choice to revoke his divorce and take his wife back. And since he transgressed the limits of Shari’ah by unnecessarily giving the third talaq, he must now have his punishment whereby it is not possible for them to remarry each other even if both of them agree to do so. Now, in order that they could remarry each other, the condition of such nikah is that the woman (after completing her period of ` iddah following talaq) should enter into marriage with another man, fulfill matrimonial obligations and live with this other husband. Thereafter, if by chance that other husband also divorces her (or dies), she could remarry the first husband after completing her ` iddah. (Maariful Quran).

In light of the above, your marriage to your husband is terminated. Living together as husband and wife is no longer permitted. As a result, until the aforementioned condition is met, your husband cannot take you back for nikah.

[1] والطلاق على ضربين: صريح و كناية، فاالصريح): ما لم يستعمل فيه، وهو (قوله: أنت طالق، و مطلقة): بتشديداللام، (وقد طلقتك) (يقع به الطلاق الرجعي). (و لا يفتقر إلى النية)

[2] فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ

Only Allah (عز و جل) knows best.

Written by: Maulana Abdul Malik

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham