Fatwa ID: 05138

Answered by: Alimah Sofia Mirza

Question

In July 2019 my husband ordered me to leave the home, he was very abusive and aggressive towards me and became very violent punching mirrors and doors. He had also heavily smoked marijuana.

After I left the home, they had blocked me out and would not talk to me or allow me to reenter my home. They withheld my belongings from me also.

I found out I was pregnant, before I had the chance to tell him, he had sent a WhatsApp group message and voice note to the males in my family declaring the 1st talaq.

From what I had researched, unless he revoked this talaq during the iddah period before birth, then I would be divorced.

We met twice in during the 9 months apart to which we had kissed once and then he had confirmed that we could not reconcile due to his family.

I was not supported financially and had to fund myself and later gave birth alone during the pandemic.

After the baby was born, he involved a member of his family to contact me and declare that the talaq was invalid as he had said it in a state of anger and only gave me 1 talaq to warn me.

Since this time, he has not spoken to me or tried to reconcile, I asked him to stay away until he had reached an imam for counselling and also confirm whether he intended to divorce or not.

It has been 8 months since and he has voluntarily stayed away but claiming that I have not allowed access, he also said an imam was “working” on the divorce, but I have never received any confirmation.

My question would be to clarify if I am divorced or not and how I would obtain proof of divorce certificate?

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

Answer:

The divorce which is given on the WhatsApp voice message is considered divorce as you have mentioned that your husband declared the divorce, meaning he used clear words denoting the divorce by which one Talaq Raj’i occurred in which your husband can take you back during the waiting period (iddah). As you mentioned that you were pregnant, so your waiting period would be until you gave birth and taking back the wife after Talaq Raj’i is considered with signs of affection such as kissing on the lips, hence your husband took you back by doing so[1]. If your husband had not given you another divorce after giving birth or had not vowed to stay away from sexual relations with you the separation will not be considered as another divorce and it will be permissible to reconcile with your husband without renewing the marriage.

Only Allah knows best

Written by Alimah Sofia Mirza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawa Al Hindiyyah, Darul Kutub al Ilmiyyah, vol 1, Pg.502.