Fatwa ID: 02403

Answered by: Maulana Mujahid Hussain

Question:

AsSalamo Alaikum

My question is that I got married to a Christian women as my second wife my family found out and I was told by my father to divorce her.

I texted her I divorce you , I divorce you , I divorce you as I didn’t want to upset my father. Is my marriage to her over or Can I revoke the divorce?

Answer

بسم الله الرحمن الرحيم

Your marriage is over and you cannot revoke the divorce. By saying divorce three times , you have divorced her three times[1].

Allah  tells us in the Quran

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.”

For the first two divorces you can either revoke the divorce or remarry her depending on which type of divorce you gave. However the third is the final divorce and it is not revocable. You then cannot marry your partner until she marries someone else and the marriage is also consummated, then after that for some reason if that marriage does not work out so they divorce. After all of that can you only marry you first wife. Allah says

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ – 2:230

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.”

The issue of divorce is a serious issue , It brings about serious changes in peoples lives so it should not be taken lightly. Perhaps for this reason Allah has laid down such a strict criteria for remarrying someone again.

You should also know to give three divorces at once is a sin and in doing so , you have disobeyed Allah ( s.w.t.) and his messenger . Like I mentioned to issue three divorces at once isirrevocable , yet a couple may after some contemplation may conclude that divorce is not a good option and decide to get back together again. If you had given one divorce that would have been possible. That is not possible with three divorces. So for our own benefit Allah has prohibited us from giving three divorces at once.

Ibn Umar reports is Saheeh Muslim

وَأَمَّا أَنْتَ طَلَّقْتَهَا ثَلاَثًا فَقَدْ عَصَيْتَ رَبَّكَ فِيمَا أَمَرَكَ بِهِ مِنْ طَلاَقِ امْرَأَتِكَ ‏.‏ وَبَانَتْ مِنْكَ ‏.‏

“and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however  separated from you”[2]

Only Allah Knows best.

Written by Maulana Mujahid Hussain

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham