Fatwa ID: 02320
Answered by Ustadha Umm Abdullah
Question:
My ex said if he visited a friend who organises alcohol gatherings, I get divorced and straight after that he went to that gathering. The incident happened 3 times. I wrote a letter to an Alim at that time and he said that I am divorced completely. I did not have any Islamic knowledge plus my family pressurised me to live with him even though I am divorced and do halala. He said that only one divorce is done so i don’t need to worry. But he performed a re-nikkah, which I don’t understand why.
After a few years he gave me another divorce. I was at the end of istihadha but had not taken bath. The istihadha started at the end of my periods and I did not know that I can start my prayers so after the periods I had istihadha for 15 -20 days but at the time of divorce no blood was coming but I had not taken purity bath. He divorced 3rd time in anger arguments but not a sever anger that he loses his senses and we were arguing with each other.
My ex said that the 3rd divorce was in anger and is not valid. I also applied for civil divorce, he replied to the decree nisi that he is intending to defend himself but he did not take any legal action and the court issued decree absolute he went to my family and said that he did not divorce me and changed statements. He said that the divorce in anger is not valid.
I also went to Islamic shariah council London who verbally told me that I am divorced but to obtain a certificate I need to pay money which I did not have at that time.
I got married to another man. Is my marriage valid? I am very depressed because of the wasawis my ex spread in my family that I am not divorced.
Answer:
Bismillah
If a person ties divorce to the occurring of a condition, divorce will occur when the condition takes place. For example, if a man says to his wife, “if you enter the house you are divorced”, if she enters the house, one talaq raji (revocable divorce) will come into effect [1]
When your husband said “if I go to the gathering you are divorced”, when he went to the gathering one talaq raji (revocable divorce) came into effect.
If he said “whenever I go, you are divorced”, thereafter, went three times, each time a divorce would come into effect. If this was the case, your marriage was terminated. Hence you must repent for the time you spent together after this.
After a few years, you mention he gave you another (second) divorce. During your arguments he issued a third divorce in anger. Talaq in anger is valid; hence your marriage with him was terminated. [2]
As your marriage with him was terminated, after observing iddat, your second marriage was valid.
Dispel the thoughts of your family members who doubt your marriage. Do not allow these misconceptions to be the cause of depression and unpleasant thoughts. May Allah Ta’ala grant you ease. Ameen.-
Note: When a woman finishes her monthly menses (maximum ten days), if she experiences istihadha, she will make a fresh wudhu for each salah time and her wudhu will be valid, despite her bleeding, until the salah time ends. You must make up for those salaah you missed during istihadha. [3]
Only Allah Ta’ala knows best
Ustadha Umm Abdullah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]
وإن أضافه إلى شرط وقع عقب الشرط مثل أن يقول لامرأته: إن دخلت الدار فأنت طالق
ولا يصح إضافة الطالق إلا أن يكون الحالف مالكا أو يضيفه إلى ملك
مختصر القدوري ج١/ص ١٥٦
[2]
وللحافظ ابن القيم الحنبلي رسالة في طلاق الغضبان قال فيها: إنه على ثلاثة أقسام: أحدها أن يحصل له مبادئ الغضب بحيث لا يتغير عقله ويعلم ما يقول ويقصده، وهذا لا إشكال فيه. والثاني أن يبلغ النهاية فلا يعلم ما يقول ولا يريده، فهذا لا ريب أنه لا ينفذ شيء من أقواله.
الثالث من توسط بين المرتبتين بحيث لم يصر كالمجنون فهذا محل النظرويقع الطلاق من غضب
حاشية رد المحتار علي الدر المختار ج ٣/ ص٢٤٤
[3]
والمستحاضة ومن به سلس البول والرعاف الدائم والجرح الذي لا يرقأ يتوضئون لوقت كل صلاة فيصلون بذلك الوضوء في الوقت ما شاءوا من الفرائض والنوافل وإذا خرج الوقت بطل وضوؤهم واستأنفوا الوضوء لصلاة أخرى
)الهداية ج١/ ص٢٥، مكتبة رحمانية(
