Fatwa ID: 03093

Answered by:  Maulana Belaal Ahmed

Question:

I want to ask about someone they were in secret nikkah so overtime girl didn't like his family and all. So she wanted to get out of it. She asked for a divorce so the guy forced her to talk to her family. She talked to her sister, she said no his family is involved in many bad habits.

Guy said talk to your mom but she didn't talk to her mom and lied to the guy that I did talk to my mom she said no (though girl knew her mom's answer will be 100% NO).

So few arguments happened and then the girl said we have had so many fights now we won't be happy anyway.. the guy said if I'll say divorce me only then I'll ask, I asked and he gave on 3 different times.
So my question is does it count as divorce based on a lie? Because there is only one lie.
And is the divorce valid?
JazakAllah

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

Talaaq given on 3 different occasions means that TalaaqMugallazah (irrevocable Talaq) has taken place, this marriage is now completely severed. After the waiting period of 3 menstrual cycles, she cannot remarry her husband. She can only marry another man. However, if this second husband divorces her after marriage then she can marry the first husband. (1)(2)

Allah SWT mentions in the Quraan:

Divorce is (only permissible) twice, thereafter either retaining her honourably or releasing her kindly…If he divorces her (the third time), she will not be lawful for him unless she marries another husband (and he also divorces her).” (Surah al-Baqarah ayah no:229/230)

2) Sayyida A’isha (Allah be pleased with her) reports that: A man pronounced three divorces to his wife. She (after her Iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to her first husband. He said: “Not until they have sexual intercourse. (Bukhari)

1) Al-Hidayahpg 409 (maktab Rahmaniya)

2) Fatawa Alamgheree p9 517 (Darul Ishaat)

Only Allah knows best

Written by Maulana Belaal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham