Category Archives: Divorce

divorce

Divorced By Text Messaging

QUESTION:

A husband Text I divorce three times at the same time…is it a divorce…and what if the couple want to reconcile

 

ANSWER:

As Salaam Alaikum,

Yes, texting the divorce causes the divorce to occur. Seeing that the husband has sent the text to his wife that he has divorced her three times, three divorces will take place immediately.

If the couple wants to reconcile, then the wife will have to marry someone else in a valid marriage contract and must then consummate that marriage. After that, If that husband divorces her or he passes away, then after completing the relevant waiting period, she will be allowed to remarry the first husband in a new marriage.

And Allah Knows best

Mufti Waseem Khan

11/09/2017

What happens if Talaq is given 3 times?

Asalaamu Alaikum if a husband divorces his wife by saying talaq 3 times while being in an argument but later on during the day regrets what he said and don’t want the marriage break apart what does one do in a situation like this.

Wa Alaikum As Salaam,

By saying Talaq 3 times, he has broken the marriage with you, even though it was in an argument. With this the marriage has ended between both of you, and there is no allowance for him to revoke the divorce and take you back as his wife, nor will it be allowed for him to re-marry you upon the completion of your waiting period.

As mentioned in the Holy Quran, if both of you wish to come back as husband and wife, then you must first marry to someone else in a new marriage contract and consummate the marriage. If in that marriage, your husband divorces you or he passes away, then after completing your waiting period, you can return to your first husband through re-marriage.

And Allah knows best,

Mufti Waseem Khan

22/05/2017

Ruling on Talaq given on 3 different occassions

As salaam wa Alaikum, can you please give me the proper ruling on calling a 3rd talaq (3 separate pronounciation of divorce). I am part of a womens group and we have a difference of opinion on this. Some say there is a waiting period for the woman because her husband can take her back. Others say that there is a waiting period but she has to move out or he has to leave the home and he cant take her back. But she has to wait 3 mths to remarry. A few of us agree that she has no waiting period and she can marry another man. Can you please provide a ruling and where this evidence can be located for proper guidance. Shukran

Wa Alikum As Salaam

When  the 3rd Talaq is pronounced in 3 separate pronunciation of divorce, then a permanent  separation  comes between  the husband and the wife. There is a waiting period of 3 menses, however, the husband cannot take back his wife and revoke the divorce. If he wants to remarry her, then she must first complete her waiting period from (the 3rd divorce), then marry another person in a new marriage contract. After consummating the marriage with the second husband, if he divorces her or passes away, Then she will complete her waiting period and can now  remarry the first husband (who had previously pronounced the 3rd divorce).

Therefore, two things are evident . One, is that after the 3rd talaq, the wife must complete her waiting period of divorce, and secondly, the husband cannot take her back in his marriage unless she marries another person as I have mentioned.

With respect to the waiting period, the Holy Quran has stated, ‘ And the divorced woman shall keep themselves waiting for three periods”. (Sura Al Baqara Verse 228). This verse makes it clear that woman who are divorced must go through a waiting period. All scholars have stated that there is an iddah for a divorced woman. However, in the case of being divorced with the 3rd divorce, the woman will not pass her iddah in the same home/residence of the husband. The reason for this is that with the 3rd divorce, she has become totally haram for the husband and is like a stranger to him. Therefore, she must pass her iddah at such a place where she is away from the husband. The best place is that of the home of the parents. If the husband wishes, he can leave the home so that he is not together with her during her iddah. In all situations, the husband cannot take her back during her iddah. Nor can he remarry her immediately upon the completion of her iddah.

With respect to her not being allowed to remarry her husband after iddah except she first marries to someone else, the Holy Quran says, ‘Divorce is twice. Then, either keep (her) in an acceptable manner or release (her) with good treatment. And it is not lawful for you to take anything of what you have given them, unless both fear they will not be able to keep (within) the limits of Allah, then there is no blame upon either of them concerning that which she ransoms herself. There are limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers’. (Al Baqara verse 229).

‘And if he has divorced her (for the 3rd time), then she is not lawful to him afterward until (after) she marries a husband other than him. And if the latter husband divorces her (or dies), There is no blame upon the woman and her former husband for returning to each other if they think that they can keep (within) the limits of Allah. These are the limits of Allah, which He makes clear to a people who know’. ( Al Baqara verse 230).

As mentioned by the Fuqaha ( Jurists) and the scholars, the Quran makes it clear that the choice of revoking the divorce given by a man was restricted to two talaq. It means that if a man pronounces one divorce, then he can take back his wife during her iddah. If ( at another time) he gives her a second divorce, then he still has the allowance to take her back as his wife. This is what is meant by the words, “Divorce is twice”. The Quran itself stated that after the second divorce “the husband may either retain his wife in a good manner” or “release her with fairness”. However, if he ( the husband) divorces his wife with the 3rd divorce, then there is no allowance for him to revoke the divorce and take back his wife. This is clearly stated in verse 230 of Sura Baqara where it mentions, “Thereafter, if he divorces her, she shall no longer remain lawful for him”. It means that if after giving her two divorces (as mentioned in verse 229) The husband divorces his wife again (for the 3rd time), then she will not be lawful for him as a wife. As for what she must do to become lawful (in marriage) to him, Allah says (in Verse 230), “Unless she marries a man other than him. Should he too divorce her, then there is no sin on them in their returning to each other”. Here, Allah explains that if the woman wishes to remarry he first husband, then she must first marry to a person other than her husband  in a new marriage contract. This however, must take place only after she has completed her iddah from the 3rd divorce. Then, after marriage with the 2nd husband, she must consummate the marriage with him. After this, if the husband divorces her or passes away, then after completing her iddah, she can return to the 1st husband in a new marriage.

And Allah Knows best

Mufti Waseem Khan

18/5/2017

What is the Iddah in this situation?

Assalaam Alaikum,

If I am a student pursuing  Islamic knowledge on a daily basis at a school with only women and my husband issued me one divorce but we never consummated the marriage either. Would i still have to stay home for my 3 months iddah? And if i do continue going to school would I be sinful?

Wa Alaikum Assalaam,

In this case, if the marriage was not consummated and both you and your husband were never in a state of full privacy (where he could have consummated the marriage), then you will not have to go through the 3 months iddah period upon being divorced by him.

Regarding this the Holy Quran has stated, ‘O you who believe! When you marry believing women, and then divorce them before you have sexual relations with them, no iddah have you to count in respect of them.’ (Surah Al Ahzaab 33, Verse 49).

Seeing that there is no iddah to be observed, you can continue to go to school. You would not be sinful.

It is to be noted that ‘the one divorce’ given by your husband will constitute an irrevocable divorce. This means that he cannot revoke it and there would not be any reconciliation for both of you to simply re-unite as husband and wife. If he wants to take you back as his wife, he will be required to remarry you with your consent.

The reason for this is that revoking and taking back the wife can only take place during the iddah, and there is no (iddah) waiting period in this situation.

And Allah Knows Best,

Mufti Waseem Khan.

17/03/17.

Can a woman leave her residence during Iddah?

Assalaamu alaikum.

If someone is observing the iddat period because of the death of their husband, can they attend a nikaah of their cousin?

Wa Alaikum Assalaam,

A woman observing the Iddah period upon the death of her husband is allowed only to come out of her residence in cases of dire need and necessity. When there is no dire need to come out, she is required to spend her Iddah in her residence. Based on this guideline of the Shariah, it will not be allowed for the widowed sister in Iddah to attend the Nikaah of her cousin since this is not deemed to be a necessity.

And Allah Knows Best.

Mufti Waseem Khan.

15/03/17.

Can divorce occur by using this word?

Assalaam Alaikum,

If a husband shouted out of extreme anger hate to his wife 9 times and realize after it was a mistake is it a divorce in the sight of Allah…

Wa Alaikum Assalaam,

By shouting out ‘Hate’ to his wife, divorce has not occurred. Even though it was done many times.

And Allah Knows Best.

Mufti Waseem Khan.

09/03/17.

Does divorce occur in this situation?

Assalamu Alaykum,

We have a question regarding divorce that is written in a sms; under severe force/ threat. We have studied different fatawa on related topics and understand the concepts of Marsumah, ghayr marsumah, talaq mulgee and ghayr mulgee. However, as with any situation, it is important to get fatwa particular to that situation, lest we deviate MaazAllah.

Here is the scenario:

The husband has been under constant pressure from the wife to divorce her. He has no intentions to do so. Despite provocation he has resisted it. However, the wife informs the husband on the phone that she will be committing suicide, and that it’s too late for anything unless he gives her talaq right away, she will take her life. the husband ignores messages and tried to to back to the wife to help but meanwhile the phone dies and the husband freaks out that she will kill herself and smses her “I give you talaq all three”.
Later when wife switches on the phone she reads this.

Now the husband is very clear that he only wrote this to stop her from killing herself, as she was on the verge. He also says with the “you” he didn’t intend his wife; furthermore, he says he honestly thought this way talaq cannot happen as it is under coercion/ duress.

Now the question is; according to Shariah; would this count as “force”/ talaq mulgee? The wife was in clear position to carry out the threat of suicide there and then. the husband only wrote it. Never uttered it verbally
would three talaqs be considered valid and hence irrevocable? Or would they be considered invalid.
Your opinion and guidance will be greatly helpful.

Wa Alaikum Assalaam,

A threat to commit suicide or an attempt to commit suicide amounts to coercion, and it is clear to me that the husband was under pressure/force to divorce his wife since she was bent on committing suicide. He acceded to her request in order to stop her from this act which is something that no one will like to happen, especially to one’s wife. Therefore, based on my understanding, he was pressured to do something which he did not want to do, and his wife’s threat to commit suicide compelled him to write the divorce which would have been to save her from destroying herself.

This being the case, according to the statements of many Jurists (Fuqaha), the divorce written by the husband will not be considered.

The reason for this is that the wife’s threat to commit suicide if the husband did not divorce her, itself was a severe pressure on the husband, and in order to save her from this heinous crime, he had no choice except to accede to her request. This threat placed him under duress and forced him to write the divorce.

It is also evident from what you have stated that the husband did not intend to divorce his wife. He only wrote the statement to stop her from killing herself. Therefore, seeing that he wrote a statement of divorce which he did not intend, the divorce will not count.

In this regard, the texts of the Fuqaha are as follows:

فلو اكره علي ان يكتب طلاق امرأته فكتب لا تطلق

Translation: ‘If one is forced/compelled to write divorce to his wife and he wrote it, then the divorce will not occur.’

(Ad Durr Al Mukhtar Maa Fatawa Ash Shami Vol. 3, Pg. 236, H.M Saeed Company, Karachi).

و في البزازية أكره علي ان يكتب علي قرطاس امرأته طالق او أمرها بيدها لم يصح الا اذا نوى

Translation: ‘And in Al Bazaziyah if one is forced upon writing on a paper that his wife is divorced or her matter is in her hand, then this is not valid except that he intended it.

(Al Fatawa Bazaziyah Ala Hamish Al Hindiyah, Vol. 6, Pg. 131 Maktaba Rasheediya, Queta, Pakistan, 1983).

It is also mentioned in other books of Fatawa that writing Talaq to one’s wife when one has been forced/compelled to do so, does not count as divorce. (Kitabul Fatawa Vol.5, Pg. 102, Zam Zam Publishers, Karachi 2010).

And Allah Knows Best.

Mufti Waseem Khan.

6/3/17.

Can a woman ask for divorce in this situation?

Assalam Alaikum,

I wanted an advice about a marital situation. Is it allowed for a wife to ask her husband for a divorce if she thinks he loves someone else?

Wa Alaikum Assalaam,

If she has proofs to show that he is cheating on her and is being dishonest in the marriage, then it will be allowed for the wife to ask her husband for a divorce.

And Allah Knows Best.

Mufti Waseem Khan.

13/2/17.

What can a woman do if her husband refuses to give her divorce?

If a woman wants to get a divorce but the husband refuses to do so. Is there some form of grounds that has to happen before she requests a divorce?

Assalaamu Alaikum Wa Rahmatullah,

If a woman wants to be divorced by her husband, then she must have valid reasons for this. If she has valid grounds for seeking a divorce and the husband refuses to give it to her, then she can request an annulment of the marriage by presenting her case to a committee which is established for this purpose. Here also, she must have valid grounds for seeking an annulment of the marriage. The committee will then look into her case and judge accordingly.

And Allah Knows Best.

Mufti Waseem Khan.

13/2/17.

What are the procedures of Khula?

Is it possible to go to a mufti and get a KHULA without the husband agreeing to it also?

As Salaamu  Alaikum ,

1.Khula is among the legal rights which a wife has been given in Islam to bring an end to a marital relationship. It occurs when the wife gives a payment to the husband in return for a divorce/separation from him. When the wife offers a payment whether it be the Mahr which she got from him or anything more or less, and he accepts it and then releases her from the marriage while uttering words such as ‘I let you go’ or ‘I separate from you’ or other similar words, then the Khula occurs. This brings an end to the marriage and an irrevocable divorce takes place. The husband therefore, loses the right of reuniting with his wife, but both can remarry with mutual consent. The waiting period of khul’a is the same as that of divorce.

2.Khula occurs with the mutual agreement of both the husband and wife. Therefore, the wife cannot go to a Mufti and get a Khul’a without the husband agreeing to it. However, if the wife has valid grounds for seeking a separation from the husband, she can go to a Mufti or any other authorised body and ask for an annulment of the marriage with her husband. They will then look into the matter and bring about a separation between the husband and wife in accordance to the guidelines of the Shariah.

And Allah Knows best

Mufti Waseem Khan

3/01/2017