A question on divorce

CategoriesDivorce [572]

 

A question on divorce.

 

In the name of Allah, the most Beneficent, the most Merciful.

Answer

 

THE STATEMENT YOUR HUSBAND MADE IN AUGUST/ SEPTEMBER 2003 “COME AND GET YOUR DIVORCE”

 

In the aforementioned statement in which your husband did not give a divorce prior to this then the divorce will not take place.

THE STATEMENT YOUR HUSBAND MADE “I DIVORCE YOU,” REPEATING HIMSELF MANY TIMES ON THE 12TH OF AUGUST 2006

 

If he had said “I divorce you” three or more times, then three divorces will be executed, hence your marriage with your husband will be terminated.

 

This can be proven through the following hadith:

 

?? ????? ?? ???? ??? ?????? ????? ?????? ???? ???? ????? (?) ???? ????? ??? ?? ??? ???? ??????? ??? ??? ????? (????? ?791 ?2)

 

Trans: A man divorced his wife thrice, and then she married another man who also divorced her. The Prophet of Allah (SAW) was asked if she could legally marry the first husband (or not). The Prophet of Allah (SAW) replied, “No”, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband has done.”  (Sahih-Al- Bukhari p.791 v.2)

 

Hafiz Ibn-Hajar a renowned scholar of hadith has explicated from the above mentioned words “A man divorced his wife thrice,” we can derive that uttering three divorces at once will execute three divorces.   (Fathul-Baree p.321 v.9)

 

Giving divorce in anger will not alter the ruling. Allahmah Ibn-Aabedeen Shami (RA) writes that divorce given in the state of anger will occur. (Raddul-Muhtar p.452 v.4)

 

If your husband has said, “I divorce you” less than three times, then talaq will also occur. However, you would not be deemed unlawful upon your husband. He is able to reconcile with you within your waiting period.  (Hidayah p.395 v.2)

 

2)      If your husband had given you less than three divorces, you’re marriage is still valid. You could live together like a normal husband and wife.

 

3)      If he had given you less than three divorces and the husband wants to divorce you willingly then the preferable method will be to give you one divorce in such a state of purity in where he has not had intercourse with you. He should then allow you to finish your waiting period. A waiting period for you will be three complete cycles of haidh (periods).  (Hidayah p.354 v.2)

 

However, it should be borne in mind that divorce is the most detestable of lawful acts in the eyes of Allah (swa). In a hadith, the Prophet of Allah (Saw) has said: 

 

???? ?????? ??? ???? ?? ??? ??????  (??? ???? ?146 ?1)

 

“The most despicable act of lawful acts in the sight of Allah is divorce.” (Sunan Ibn-Majah p.146 v.1)

 

Therefore, without any valid or legitimate reasons one should not get a divorce. Furthermore, as you have children you should consider their emotions and what they will go through being without a father from an early age in their lives.

 

4)      If he has given you less than three divorces, you are able to remarry your husband within the waiting period or after it.

 

5)      If he has given you less than three divorces and he has reconciled with you in the waiting period then you are still considered as his wife.

 

If he hasn’t reconciled with you, then as soon as the waiting period finishes you will no longer be considered as his wife and you are free to marry whomever you wish.

 

If your husband has reconciled with you and know you wish to apply for a civil divorce according to the British Law, then Islamically it will also be considered as a divorce. 

 

Only Allah Knows Best

 

Mohammed Tosir Miah

Darul Ifta, Birmingham.

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