Fatwa ID: 02144

Answered by Ustadha Mahdiyah Siddique

Question:

I was living with my husband in London. We came back to Karachi in July 2016 after death of my younger brother in law. My in laws took my visa and passport in their illegal custody and did not let me go back UK. And said that my husband will be back to Karachi after obtaining British nationality and passport in few months.
I was forced to resign my job in London. I asked my husband to take me with him as he promised to plan kids in these days that is after 3 years of marriage. But he said its family decision so u will have to stay here. I will come back soon. I can’t live away from him. I fell ill. And it become worst. They say I am pretending though I am not. Still I am not well. I came to visit my parents and that day I fell unconscious and fever was 104. My body was shivering and jumping over the bed. Doctors gave me some injections and prayed duas for my health. I asked my husband if I can check with any scholar who can tell if it’s normal fever or any magic spells sort of thing as I was suffering from fever since I came back to Karachi that is 3 months time. He agreed and I asked my father. And resultant was it was black magic spell for my death and it has been cast where I was living with my in laws, so I should stay away from that house for sometime but duration is untold for some safety reasons. Someone also told my husband that someone is trying to end our marriage by putting several disputes between us. And asked us to recite Manzil every day.
My mother in law forced for my return but my father requested to leave me with my parents for treatment for some days. Then there was harsh words by my husband for my father saying seems he has kidnapped my wife. I said I am here with my consent to save my life. Being my husband you are my protection so please cooperate with us. He disagreed. After a long debate and requests I said ok I understand it’s your mothers and sisters requirement that is why you are risking my life. Please have pity on me. Save me I am yours. give me some time. He gave me 1 divorce. I was not pure that moment and he was unaware and in aggression. Does this divorce will be counted? I disobeyed my husband for security of my life. Since then he stopped contacting me. And said that he is sorry for the divorce words. He accept me back as wife if divorce is counted. Though he has said he will talk to my father only and when he will say to send me back to my in laws home.
Feels like I am nobody. I have no view and concern about my life. I don’t have any right to even protect me though I say to my husband that I and my father have taken care of his amaanat that is me. his wife. but he is in anger. Please guide me. Can anybody contact him and do some counselling to save my marriage please… he won’t listen to anybody from our family.

Answer:

In response to your question; 

Firstly, the incident regarding the one divorce you mentioned; this will be classified as talaq al-bid’a (a divorce considered unlawful and sinful) however would be valid and considered as to have taken place according to the majority of the ulema.

In a Hadith narrated by Anas bin Sireen he said he heard, Ibn Umar say; ‘I divorced my wife while she was menstruating.’ So Umar mentioned that to the Prophet , the Prophet said, ‘Take her back’ (meaning Ibn Umar  should take back his wife). I asked ‘Is such a divorce considered valid/counted? He said, ‘Of course, (why not).’ (Sahih Al Bukhari, Hadīth no. 5252, p453, Al-Kutub Al-Sitta: Darussalam).

Furthermore, in regards to having someone to speak to your husband to reach a resolve, it would be recommended that you approach/appoint a trustworthy member of your family and one from your husband’s family to act as an arbitrator between yourselves.

This is something that can be deduced from the words of the Almighty, ‘And if you fear dissension between the two (married couple) so send (appoint) an arbitrator from his family, and an arbitrator from her family. If they both desire reconciliation, Allah will bring about unity amongst them. Verily Allah is the All-Knowing, Well-Acquainted with all things. (Surah Nisa: Verse 35)

Only Allah Knows Best

Written by Ustadha Mahdiyah Siddique

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

Checked and approved by Mufti Mohammed Tosir Miah