Fatwa ID: 07688

 

 

 

Answered by Mawlana Muhammad Zubair Khan Alizai 

 

 

Question: 

 

السلام عليكم ورحمة الله وبركاته

 

Respected Scholars,

 

I am seeking a fatwa regarding my marital status based on Islamic rulings. Below, I will explain the key events, including the actions of my husband, my understanding of Islamic rulings, and my concerns about how to proceed. Your guidance is crucial in helping me find clarity.

 

Background Information

• Marriage date: 22-12-2022
• Husband’s School of Thought: Hanafi School
• My School of Thought: I follow the Hanafi school but have consulted scholars from both the Hanafi and Quran-Sunnah-based (Salafi) traditions.

 

*I was pregnant from 31-10-2023 to 9-06-2024.

I was pregnant while all this has happened and I gave birth to my son on 9-06-2024

 

Timeline of Divorce Events:

• 24th April: My husband issued two verbal divorces in a joking manner, which I later discovered to be valid based on the hadiths where divorce issued in jest is counted as valid.
• Iddah Period: Following the first divorce on 24th April, I began my iddah period. During this time, no formal or explicit reconciliation took place between us—either verbally or physically—with clear intention.
• 16th May: My husband issued three divorces at once. According to my understanding of the Quran and Sunnah, these three divorces should be counted as invalid since no reconciliation had been made after the first divorce or at least as one according to the hadith of Prophet Muhammed (SAW) referring to three divorces in one sitting as one.
• 19th May: My husband verbally expressed a desire to reconcile, which in some interpretations of Islamic jurisprudence may count as valid reconciliation. He stated that he intends to keep me as his wife and continue our marriage.
• Mutual Divorce Papers: We signed mutual divorce papers at a Qazi’s office on 14th August after the incident on 16th May. These papers were signed to legalize the divorce based on the three divorces given on 16th May, but I now believe those divorces were issued incorrectly and are invalid. The Qazi wasn’t fully aware of the details of our case. He only heard the part that my husband gave me three divorces on 16th May as narrated by my mother-in-law.

 

My Concerns:

 

Regarding the Divorces on 24th April and 16th May:

• I understand that divorce in jest is valid, which makes the first divorce on 24th April count.
• However, there was no formal reconciliation before the second divorce on 16th May. Based on the Quran and Sunnah, it seems that the three divorces on 16th May should be considered as one.
• Therefore, I believe that I am still married to my husband, despite the legal proceedings.

 

Hanafi vs Quran-Sunnah-Based Rulings:

• Hanafi scholars consider the three divorces on 16th May as valid, and thus, I am divorced.
• Scholars who follow the direct rulings of the Quran and Sunnah state that my marriage is still intact, as the three divorces in one sitting should only count as one, and no reconciliation happened in between. I don’t want to be sinful for marrying someone else while still being married to my husband according to the direct rulings of the Quran and Sunnah. I am in doubt and I’ve come across several hadiths and interpretations from the Quran stating when in doubt we should turn to the ultimate source of guidance provided to us by Allah which is the Quran and Sunnah. I feel more inclined towards direct teachings and rulings from the Quran and Sunnah instead of the teachings and rulings of the Hanafi School.

 

My Question:

Given the above timeline and my consultations with scholars, I am now confused about my marital status. My concerns are:

• Am I still married to my husband based on the Quran and Sunnah?
• Should I prioritize the Hanafi ruling that I am divorced, or can I rely on the understanding that follows the Quran and Sunnah, which suggests that the marriage is still valid?
• Is the legal divorce process I underwent based on invalid divorces considered binding in Islam?

 

Supporting Evidence and Sources

• Hadith: Divorce in jest is valid (Sunan Ibn Majah, Book 10, Hadith 2039)
• Hadith: The Prophet (SAW) considered three divorces in one sitting as one (Sahih Muslim, Book 9, Hadith 3491)
• Quranic Verses: [Surah Al-Baqarah 2:229-230] and [Surah At-Talaq 65:1-7], regarding the correct process of divorce and the waiting period.

 

**There might be wrong citation numbers mentioned

 

Final Request:

I kindly request a fatwa regarding my marital status based on the information above. Your guidance will help me decide whether to consider the legal divorce as valid or whether I should attempt reconciliation, following the Quran and Sunnah’s guidance on marriage and divorce.

 

Thank you for your time and consideration. I am looking forward to your response.

 

Best Regards,

Fatima

Hyderabad, India

 

 

 

 

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

 

Answer: 

 

وعليكم السلام ورحمة الله وبركاته

 

May Allah Taala make whatever difficulty you are going through easy, Aameen, and remember that Allah Taala tests people in different ways and that with every difficulty there is ease. 

 

You wrote “My husband issued two verbal divorces” – in islamic law if you were divorced with clear words such as talaq then it counts as Talaq Rajjii i.e. revocable divorce, and as your husband gave you two talaqs then it will be 2 Talaq Rajjii, and this implies that as you were pregnant during the issuance of talaq, then in that case your idda would come to an end when you give birth. Hence as soon as you gave birth your idda would have been completed.  

 

You wrote “My husband issued three divorces at once” – according to Islamic law when a husband issues 3 talaqs at once, even though he will be sinful for doing this, still they will come into effect, hence you will be divorced and you will be no longer in the nikah of your husband. 

 

Even if we assume the opinion that 3 talaqs counts as 1 (even though it is a wrong opinion) then it would still amount to 3 talaqs as you were given 2 before. Reconciliation (rajja’) is not a necessity nor an obligation for the talaqs to come into effect. 

 

Please bear in mind that nikah and talaq are not issues to be taken lightly as the hadith mentions: 

 

The Prophet (ﷺ) said: Of all the lawful acts the most detestable to Allah is divorce (Sunan Abi Dawud hadith nr 2178). 

 

Three divorces will count as 3: 

 

(Abdullah) Ibn `Umar ibn Al-Khattab divorced his wife during her menses. Allah’s Messenger (ﷺ)  ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, “If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).’ Ibn `Umar further said, ‘Would that you (people) only give one or two divorces, because the Prophet (ﷺ) has ordered me so.” (Saheeh ul Bukhari hadith nr 5332). 

 

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronunciations. I kept silence and thought that he was going to restore her to him. He then said “A man goes and commits a foolish act (like giving his wife 3 talaqs in one go) and then says “O, Ibn ‘Abbas! Allah has said “And for those who fear Allah, He (ever) prepares a way out.” Since you did not keep duty to Allah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

 

Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah bin Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Allah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said, “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to (Abdullah) Ibn Al Zubair and Asim bin ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allah be pleased with her). He then narrated the rest of the tradition.”

 

Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronunciations separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. 

 

The above is taken from Sunan Abu Dawud Kitaab ul Talaaq. 

 

To summarise: you are no longer in the nikah of your ex-husband as your idda has come to an end after giving birth, and it would be sinful and unlawful for you to stay in the same house or to reconcile after divorce and idda. I would also like to stress on the fact that “Halaalah” is unlawful when it is done with scheming and planning. If you are to marry someone else and by natural circumstances, you are to get divorced from the second husband, only then would it be lawful to re-marry your first husband. 

 

 

Only Allah Taala knows best  

 

Written by Mawlana Muhammad Zubair Khan Alizai

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham 

 

 

 

References: 

 

1. الفتاوى الهندية المجلد ١ الصفحة ٣٤٩ مكتبة الشاملة 

 

(وَأَمَّا الْبِدْعِيُّ) فَنَوْعَانِ بِدْعِيٌّ لِمَعْنًى يَعُودُ إلَى الْعَدَدِ وَبِدْعِيٌّ لِمَعْنًى يَعُودُ إلَى الْوَقْتِ (فَاَلَّذِي) يَعُودُ إلَى الْعَدَدِ أَنْ يُطَلِّقَهَا ثَلَاثًا فِي طُهْرٍ وَاحِدٍ أَوْ بِكَلِمَاتٍ مُتَفَرِّقَةٍ أَوْ يَجْمَعُ بَيْنَ التَّطْلِيقَتَيْنِ فِي طُهْرٍ وَاحِدٍ بِكَلِمَةٍ وَاحِدَةٍ أَوْ بِكَلِمَتَيْنِ مُتَفَرِّقَتَيْنِ فَإِذَا فَعَلَ ذَلِكَ وَقَعَ الطَّلَاقُ وَكَانَ عَاصِيًا. (وَالْبِدْعِيُّ) مِنْ حَيْثُ الْوَقْتُ أَنْ يُطَلِّقَ الْمَدْخُولَ بِهَا وَهِيَ مِنْ ذَوَاتِ الْأَقْرَاءِ فِي حَالَةِ الْحَيْضِ أَوْ فِي طُهْرٍ جَامَعَهَا فِيهِ وَكَانَ الطَّلَاقُ وَاقِعًا وَيُسْتَحَبُّ لَهُ أَنْ يُرَاجِعَهَا وَالْأَصَحُّ أَنَّ الرَّجْعَةَ وَاجِبَةٌ هَكَذَا فِي الْكَافِي 

 

1. البناية شرح الهداية المجلد ٥ الصفحة ٢٨٤ مكتبة الشاملة 

 

[طلاق البدعة] 

م: (وطلاق البدعة أن يطلقها ثلاثة بكلمة واحدة، أو ثلاثًا) ش: أي أو يطلقها ثلاث تطليقات م: (في طهر واحد، فإذا فعل ذلك) ش: أي الطلاق والتطليق بثلاث تطليقات بكلمة واحدة، أي في طهر واحد م: (وقع الطلاق) ش: وبانت منه وحرمت حرمة  مغلظة  م: (وكان عاصيًا) ش: لأنه ارتكب حرامًا، وقالت الظاهرية والشيعة: لا يقع الطلاق في حالة الحيض، والثلاث بكلمة واحدة. وعند الإمامية: لا يقع شيء أصلًا، وبه قال المريسي، وعند الزيدية منهم يقع واحدة، ويزعمون أنه قول علي – رَضِيَ اللَّهُ تَعَالَى عَنْهُ – 

وعن ابن عباس – رَضِيَ اللَّهُ تَعَالَى عَنْهُمَا – «كان الطلاق على عهد رسول الله – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – واحدًا» وكذا في زمن أبي بكر الصديق – رَضِيَ اللَّهُ تَعَالَى عَنْهُ -, وثلاثًا من مدة عمر – رضي الله تعالى عنه -، رواه البخاري ومسلم، وفي المغني: وكان عطاء وطاوس وسعيد بن جبير وعمرو بن دينار وأبو الشعثاء يقولون: من طلق البكر ثلاثًا فهي واحدة، وقال القاضي أبو يوسف: كان الحجاج بن أرطاة يقول: طلاق الثلاث ليس بشيء، قال محمد بن إسحاق واحدة كقول الشيعة.