Fatwa ID: 07152

Answered by: Maulana Burhaan Rahman

Question:

I am hoping to get a fatwa regarding a complicated matter. I have been married for 17 years and have four children. This particular incident occurred about six years ago in 2015 after physically abusing me, my husband said Talaaq to me three times.

I then informed my brother in law (his brother) who took me to his house and then informed me that after he had asked someone, the Talaaq was not valid and I could return to the home which I did.

I have since had a son who is my fourth child.

My husband has repeatedly mentally, financially, sexually and physically abused me throughout the marriage, and has just returned from Pakistan after 9 months back to the matter in hand. After I stopped communicating with him, his mother told me that he went to her home and announced that I had taken Islamic divorce from him and they should all be happy now and start ‘dancing’.

This matter is what brought the first divorce to my attention. I was speaking to my friend about his manner of speech regarding these matters and explained about the first time he uttered Talaaq to me three times. She then confirmed that this Talaaq was indeed a valid Talaaq.

Now the fatwa I am after is regarding the first time he said Talaaq to me three times. Is this Talaaq valid? He is refusing to acknowledge that he did this and is denying all knowledge as is his brother.

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

Answer:

Hearing about such terrible events that you personally suffered makes us very sad. Regardless of gender, such awful things should never happen to anyone. It upsets us to read about such obscene and dreadful events, especially as a woman and a wife. The endurance of one’s patience is observed by Allah, the Almighty. Your query has been studied, and it appears that you have a legit reason of wanting a divorce or acknowledging that your husband uttered the words of divorce. Allah is the one who understands everyone’s needs the best.

He has commanded husbands to treat their wives lovingly. As Allah, may He be glorified, says:

وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ

And live with them honourably, [Surah Nisaa’ verse 19]

To be totally honest and completely direct, only; you, your husband or any other witness that might have been there at the time of when your husband uttered three Talaaqs, will only know if it had been issued or not. And obviously Allah SWT knows everything that goes on in everyone’s lives.

If he had definitely issued three Talaaqs knowingly and was aware of it which seems to be the case in the question, divorce has occurred.

Only Allah (عز و جل) knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham