Fatwa ID: 05296
Answered by: Mufti Muhammad Adnan
Question
My husband & I (both Muslims) had a really good married life we were very happy together as it was our love marriage. My husband always told me he was very happy with me, but after almost 7 years his family turned against me & wanted my husband to marry a young girl from their own cast & community & village. My husband also loves & respects his parents he also provides for them in all aspects of expenses. He held on to the marriage & supported me but recently his parents & sisters put so much pressure on him & demanded that he gives me talaq. They threatened him that they will cut all his relations & family ties also for him not to see their faces even if they died. My husband was very much pressured, stressed & confused as he can’t say no to his parents as he didn’t want to lose his parents as well as much as he loved me. Finally, he gave up the battle & emailed me three times Talaq written on paper with his signature. He cried a lot when he left home about 5 months ago. He told me he just could not say it verbally to me as he was hurting so much. Just recently he met with me & told me that he does not love the girl his parents got him engaged he said he only loves me. He told me he is very sorry & he did not sign that talaq paper intentionally, he only did it to keep his parents & sisters happy. He said he wants to be with me as he continuously said he cannot live without me. So I am very confused & scared as well. I love so much but I just want to know if our Nikah is still valid.? Please help us sort this out
In the name of Allah, the Most Beneficent, the Most Merciful.
Answer
According to the Jamhuur Ulamas (majority of the scholars) if a person pronounced three divorces at once (i.e. simultaneously) in any way then three divorces will occur and take effect immediately.
This is supported by the following Hadiths:
- Aisha (RA) reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Prophet (SAW) was asked whether it was lawful for her to return to her first husband. He said: “Not until they have sexual intercourse.” (Sahih Al-Bukhari)
It is clear from the above Hadith that three divorces pronounced at once (i.e. simultaneously) will take effect as the woman was allowed to marry another man. The Prophet (SAW) would surely have pointed out, had the three divorces not come into effect at once. The husband in this incident pronounced all three divorces at once (i.e. simultaneously) as the great scholar of Hadith, Ibn Hajr points out in his book, Fath al-Bari.
- Uwaimir al-Ajlani (RA) pronounced three divorces at once (i.e. simultaneously) to his wife in the presence of the Prophet (SAW). This has been recorded by Imam al-Bukhari and others in the famous incident of li’an (Public imprecation). The Prophet (SAW) did not negate what Uwaimir al-Ajlani (RA) had said, which is a sign that all three divorces were affected simultaneously.
- Hasan ibn Ali (RA) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather (Prophet (SAW)) says: “when a man pronounces three divorces, then his wife will no longer remain lawful for him unless she marries another man”, I would have taken my wife back.” (Sunan al-Bayhaqi)
Those who hold the view that only one divorce occurs by issuing three talaqs, usually present the following narration of Ibn Abbas (RA) in support of their argument.
Abdullah ibn Abbas (RA) said: “Three divorces were considered to be one in the time of the Prophet (SAW), Abu Bakr (RA) and in the first two years of Umar’s (RA) reign. Thereafter, Umar (RA) declared it to be three divorces.” (Sahih Muslim).
The scholars of Hadith have analyzed this narration in the context of all the other narrations. Imam Ibn Hajr deals with it in his book, Fath al-Bari.
One of the explanations given by the scholars is that, this narration is specific to only one situation, that is, when a person pronounces three divorces and the repetition was only for emphasis and not to issue another divorce. In the early days, people were morally sound and reliable, and thus when they said, “it was only for emphasis and not to issue another divorce” it was taken at face value.
However, Umar (RA) observed in his reign that, people were becoming morally corrupt.
Un-Islamic habits such as deceiving, cheating, and lying, had become prevalent. As a solution Umar (RA) declared that, people’s statements will not be accepted at face value by the courts. If a man was adamant that he only repeated the words “talaq” to emphasize rather than issue three divorces, then this will be a matter between him and Allah (SWT).
In conclusion, if a person pronounces three divorces at once (i.e. simultaneously) in any way, then in the light of the above hadiths and scholarly consensus, it will be regarded as three divorces and the marriage will terminate immediately.
Only Allah Knows Best
Written by Mufti Muhammad Adnan
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
