Fatwa ID: 05224

Answered by: Mufti Eunus Ali

Question

My husband gave me divorce before 2 years and said I divorce you but said once and now after 2 years he said these words again in anger but said 2 times and in the time of purity while having intercourse this period. Please tell me that is the divorce valid or not and all three finish or is there any solution. We have a baby. I am very worried please help me

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

Answer:

Firstly the divorce/s issued by the husband during the period of purity in which the couple has engaged in sexual intercourse is valid and will take effect, and he will be sinful for doing this and should repent sincerely.[1]

If the husband has issued three explicit talaqs, whether it be on three separate occasions or in one go, it will not be permissible for the couple to reconcile 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) would the wife is allowed to re-marry the first husband. This process is termed halalah.[2]

As your husband has now issued three divorces your marriage with him has terminated and therefore you must observe your waiting period. If you decide to reconcile the marriage after this the process of halalah will need to be observed.

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] RaddulMuhtar, Volume 4, Page 435, Darul Kutubul Ilmiyyah

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