Fatwa ID: 05251

Answered by: Mufti Eunus Ali 

Question

I am writing to you seeking your advice and guidance. My husband and I recently had an argument where I asked him for divorce and he pronounced the words ‘I divorce you. It was a heated argument and we were both extremely angry. Our daughter was present. The situation was about to become violent. He felt immense pressure and uttered the words. He has admitted he was scared for our daughter and feared the situation was going to escalate. This has happened on two other occasions. One was during the time of fasting. We had an argument, he kicked me and I hit him back and he said ‘I divorce you. I cannot remember the second time but there was a second time.

I know this divorce is irrevocable because this is the third time. However, can the circumstances be taken into consideration? I asked my husband for a divorce because I suffer from hypertension and anxiety. When we have arguments, I feel crazy and out of control. I am not justifying my actions and acknowledge I need help. We have two children and deeply regret this situation and am willing to accept any penalties or conditions. Can this be revoked because of how he was pressured into pronouncing divorce each time?

In the name of Allah, the Most Gracious, the Most Merciful

Answer

When the husband has issued his wife three explicit divorces, whether it be on three separate occasions or in one go, their marriage will terminate immediately and it will not be permissible for the couple to reconcile the marriage or remarry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband), the wife is allowed to re-marry the first husband. This process is termed halalah.[1] As these were clear and explicit divorce the intention of the husband and the situation will not be taken into consideration. [2]

As you have stated that your husband has issued 3 divorces on three separate occasions, they will take effect and the marriage has been terminated.

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Al-Lubab Fi Sharhil Kitab, Page 457, Al-Maktabatul Umariyyah

[2] Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyyah