Fatwa ID: 07752

 

 

 

Answered by: Maulana Ahmed Bodhania  

 

 

Question: 

 

Assalamu alaikum

 

My brother-in-law has issued 3 divorces in one sitting to my sister explicitly using the words I’ve divorced you 3 times. Furthermore, he has confirmed his intent on the 3 divorces by notifying his family members and ourselves that he had issued 3 divorces. Please can you confirm if the marriage is now irrevocable. Also, his eldest brother is demanding my sister to give back 18k which was a gift given to her by him for her to buy a house for their family home however there was no contract or condition explicitly stating that the gift was given on the condition that their marriage is intact.

 

Also, they have an 18-year-old son. We need clarification Islamically if the father is responsible for his upkeep as he’s still in education or if according to UK law once they are 18 the parents don’t have any financial obligation. Jazakallah khayran.

 

 

 

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

 

Answer:

 

Waaliakum salaam wwbr

 

The divorce will take place due to 3 talaaqs being given.

 

If an amount of money was given as a gift without any conditions attached to it, then it does not have to be returned 

 

According to shariah the father is not obligated to support or fund his 18-year-old son however if the son is still going through the education process and has not as yet acquired a job or a means of livelihood then it will be very highly recommended to financially contribute until he can manage to support himself, even if it is on a loan basis.

 

 

And Allah Ta allah knows best. 

 

Written by Maulana Ahmed Bodhania 

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham 

 

 

 

References:

 

اذا قال لامرأته انت طالق و طالق و طالق و لم يعلقه بالشرط ان كانت مدخولة طلقت ثلاث   

فتاوي هندييا ج1 ص355 

 

ويجبر الرجل على نفقة أولاده الصغار، إذا كانوا فقراء ذكورًا كانوا أو إناثًا. وإن كانوا كبارًا محتاجين أجبر على نفقة الإناث منهم، ولم يجبر على نفقة الذكور منهم 

البنايه ج5 ص694 

 

عَنِ ابْنِ عَبَّاسٍ رضى الله عنهما قَالَ قَالَ النَّبِيُّ صلى الله عليه وسلم ‏ “‏لَيْسَ لَنَا مَثَلُ السَّوْءِ، الَّذِي يَعُودُ فِي هِبَتِهِ كَالْكَلْبِ يَرْجِعُ فِي قَيْئِهِ‏”‏‏ (صحيح البخارى: 2622)