Doubt in issuing three talaqs or two

CategoriesDivorce [528]

Doubt whether the husband issued three talaqs or two?

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

The husband has no right to be abusive or nasty towards his wife.  It is a grave sin which has been strictly prohibited by Islam.  The Prophet of Allah Sallallahu Alahi Wasalam has said “It surely is very wrong that one of you beats up his wife like she is a slave and then goes and fulfils his needs in the nights”.  (Sahih Bukhari p.784 v.2)

 

If you are 100% certain that your husband has given you three divorces then your marriage with him is broken and you are free to do what you want.  You do not even need an annulment of the marriage.  (Fatawa Rahimiyah p.318 v.8)

 

However, if you are not sure how many times he has said it or you are sure he has said it only once or twice then you should contact the local Mufti or scholar who will arrange to have your marriage annulled with your husband. It is not a pre-requisite that the woman has to be present for divorce to occur.  (Fatawa Darul Uloom Deoband p.42 v.9)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

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