{"id":8622,"date":"2016-09-23T16:32:48","date_gmt":"2016-09-23T16:32:48","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=8622"},"modified":"2020-06-28T12:01:25","modified_gmt":"2020-06-28T12:01:25","slug":"can-a-woman-give-talaq-to-her-husband-and-marry-someone-else-after-the-passing-of-the-waiting-period","status":"publish","type":"post","link":"http:\/\/daruliftabirmingham.co.uk\/home\/can-a-woman-give-talaq-to-her-husband-and-marry-someone-else-after-the-passing-of-the-waiting-period\/","title":{"rendered":"Can a woman give Talaq to her husband and marry someone else after the passing of the waiting period?"},"content":{"rendered":"

\n\tFatwa ID: 01994<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tI 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. <\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tFirst 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tThe evidences from the Holy Quran are as follows:<\/span><\/span><\/span>\n<\/p>\n

\n\t1 "O Prophet! when you divorce women, divorce them at their prescribed periods." (Surah Talaq V.1)<\/span><\/span><\/span>\n<\/p>\n

\n\t2 "So, if the husband divorces his wife, he cannot after that remarry her until after she has married  another husband." (Surah Baqarah v230)<\/span><\/span><\/span>\n<\/p>\n

\n\t3 "When you divorce women and they fulfill the term of iddah…" (Surah Baqarah v231)<\/span><\/span><\/span>\n<\/p>\n

\n\t4 "There is no blame on you if youdivorce women before consumption or the fixation of the dower." (Surah Baqarah v236)<\/span><\/span><\/span>\n<\/p>\n

\n\t5 "And he is whose hand is the Marriage …" (Surah Baqarah v237)<\/span><\/span><\/span>\n<\/p>\n

\n\tHowever, if you sent your husband a written divorce and he acknowledges it by signing it<\/strong> then a Talaq would occur. (Please check the Darul Ifta Birmingham website for a detailed answer on the issue of written divorces)<\/span><\/span><\/span>\n<\/p>\n

\n\tIf 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tThere 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tAn 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)<\/span><\/span><\/span>\n<\/p>\n

\n\tAn annulment of marriage can be effected in any of the following situations:<\/span><\/span><\/span>\n<\/p>\n

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

    \n\t(The complete System of Divorce p.213)<\/span><\/span><\/span>\n<\/p>\n

    \n\tI have forwarded the contact details of the Islamic Shariah Council in Dewsbury who may help you in annulling your marriage with your husband.<\/span><\/span><\/span>\n<\/p>\n

    \n\tContact:<\/span><\/span><\/span>\n<\/p>\n

    \n\tMaulana Yaqub Qasmi
    \n\tDewsbury, UK
    \n\tHome\/Office: +44 (1924) 464523<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best.<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    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…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8622"}],"collection":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=8622"}],"version-history":[{"count":2,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8622\/revisions"}],"predecessor-version":[{"id":15934,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8622\/revisions\/15934"}],"wp:attachment":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=8622"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=8622"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=8622"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}