Fatwa ID: 05327
Answered by: Mufti Eunus Ali
Question:
My husband has erectile dysfunction, we were not able to consummate our marriage, some differences arose and he sent me a divorce deed prepared by a lawyer and signed by my husband from Pakistan which says he is three times divorcing me, and them in three separate lines it said he divorces me. Is there any way we can get back without halala? Is it one divorce or three?
I belong to hanafi mazhab.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
There are two possible scenarios for your situation:
- When your husband had requested the lawyer to draw up the divorce papers if he had instructed the lawyer to write up three divorces in one sentence the three will take effect.
- Your husband instructed the lawyer to draw up divorce papers however he had the lawyer write up the divorces separately.
For example, he initially asked the lawyer to write a (single) divorce and then had the lawyer make additions to the first divorce by adding on more.
If this is the situation then only one divorce (Talaq Ba’in) will be issued which means you may reconcile the marriage by repeating the nikah process. [1]
This will need to be cleared with the husband and then the appropriate ruling will need to be applied.
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Raddul Muhtar, Volume 4, Page 456, Darul Kutubul Ilmiyyah
Al Fatawa Al Hindiyyah, Volume 1, Page 409, Darul Kutubul Ilmiyyah
