Fatwa ID: 07079

 

Answered by: Muftiyah Zainab Nakhuda

 

Question:

10 years ago my husband and i got into an argument and he said the words “i divorce you” 3 times in 1 go. He regretted it straight away and went to get advice from a local Maulana on what to do. When he returned he explained to me that 3 divorces given together class as just the 1 and we were ok to get back together. Having done very basic research myself i did find some articles etc that confirmed this too, so i took his word for it, believing it was also confirmed by a Maulana.

 

However only recently having overheard conversations with my husband and his sister it has come to my knowledge that no Maulana had ever confirmed this. He had approached a Maulana who had told him 3 divorces meant we were divorced. I know i need to repent to Allah for the last 10 years of my life and way of living.

 

But i do not know what we can do to correct this now also. We have been and at present still are living together, we have young children who will never be able to understand why their parents suddenly spilt up, and my husband and I also dont wish to go our own ways, we were and still are happy and wanting to stay together but we cant continue living in haraam either.

 

I really dont know what to do now, please advise.

 

I also didn’t complete any iddat at that time, is this something I would need to make up for now?

 

 

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

 

Answer:

 

Your situation is indeed very difficult as you were under such a grave misunderstanding for so many years, we make Du’aa that Allah SWT makes ease for you and family. However, if your husband did indeed give you 3 divorces, then you are out of his marriage completely, and remarrying him is not permissible for you. You are encouraged to move on with your life.^[1]

 

As for your question regarding the ‘Iddah from the divorce, the ‘Iddah has passed and has been completed. It started as soon as the divorces occurred, and there is nothing else that needs to be done now (i.e. Qadhaa/making up for it, etc.)^[2]

 

 

Only Allah knows best.

Written by Muftiyah Zainab Nakhuda

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

 

References:

^[1] Mukhtasar Al-Qudoori, page 154, Maktabah Shamelah

وطلاق البدعة: إن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد فإذا فعل ذلك وقع الطلاق وبانت منه وكان عاصيا

Ibid, page 160

وإن كان الطلاق ثلاثا في الحرة أو اثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها

Surah Baqarah, verse 230

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍۢ يَعْلَمُونَ ٢٣٠

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. Then it is permissible for them to reunite, as long as they feel they are able to maintain the limits of Allah. These are the limits set by Allah, which He makes clear for people of knowledge.

 

 

^[2] Mukhtasar Al Qudoori, page 170, Maktabah Shamelah

وابتداء العدة في الطلاق عقيب الطلاق وفي الوفاة عقيب الوفاة فإن لم تعلم بالطلاق أو الوفاة حتى مضت مدة العدة فقد انقضت عدتها