Fatwa ID: 07409
Answered by: Alimah Saleha Bukhari Islam
Question:
My question is regarding my divorce.
6 months ago my husband divorced me by saying to me that he was divorcing me. He said this 3 times. He said it x2 in anger.
I asked him to reconsider just before the three months were over but he did not change his mind. Now he is wishing to get back together by saying that the divorce that he issued classifies as one divorce meaning that we can get back together if we do another nikkah. I have young children and still really love my husband.
Is this allowed?
We don’t follow a madhab
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
When in a state of anger, it is known that one can lose their senses and for this reason we must understand and respect the sacredness of marriage. It is safer to fear Allah in these matters and to not transgress the boundaries of Islam by belittling marriage with the threat of divorce. Divorce is not considered under happy circumstances, rather it is executed when a husband is unhappy and in a state of anger and would therefore stand as valid.
When the husband issues three divorces to his wife (irrespective of whether Talaq Raji’ or Bain), she becomes permanently Haram for him. This is known as Talaq Mughalatha, a Bidi’ form of divorce with three Talaqs in a single statement or three Talaqs in a single period of purity. If a man does this, the divorce takes effect, and he has sinned. 1
Scholars of all madhahibs agree on the rules of divorce as stated in the Quran:
Allah ﷻ Says:
{Divorce may be retracted twice; the husband must then retain ˹his wife˺ with honour or separate ˹from her˺ with grace.} 2 [Quran 2:229]
Allah ﷻ continues by Saying:
{If a husband re-divorces his wife after the second divorce, she will not be lawful for him until she has taken another husband; if that one divorces her, there will be no blame if she and the first husband return to one another, provided they feel that they can keep within the bounds set by God. These are God’s bounds, which He makes clear for those who know.} 3 [Quran 2:230]
According to these verses, whoever divorces his wife three times then in this case the wife has become irrevocably divorced from him until she marries another husband [if marriage is consummated with this husband, then he divorces her or dies], only then she will become halal for him. Therefore, a nikah will not be valid under these circumstances. May Allah make the matter easy for you. Aameen.
A husband’s denial will not take away the fact that divorce has taken place. Furthermore, anger does not prevent divorce from taking place unless it reaches a level of insanity where the speaker was unaware of what he is saying. As a matter of urgency, we advise you to consult with a local Scholar or Sharia council for your husband to explain the circumstances and method of the divorce issued to you and to clarify his intentions in order to receive a tailored and accurate response.
1 وطلاق البدعة أن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد، فإذا فعل ذلك وقع الطلاق وكان عاصيا.
ص284 – كتاب البناية شرح الهداية – طلاق البدعة – المكتبة الشاملة
2 ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ ۗ
3 فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعۡدُ حَتَّىٰ تَنكِحَ زَوۡجًا غَيۡرَهُۥۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيۡهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِۗ وَتِلۡكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوۡمٖ يَعۡلَمُونَ
Only Allah (عز و جل) knows best.
Written by Alimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
