Hanging divorce.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Asalam-o-Alekum
im writing to ask you a question.i dont want to disclose my name but
it will be great if
you could please kindly guide me
in a matter.
my husband had forbiden me to do something. he said "each time you do it
consider it as one divorce". i did that thign twice but unintentionaly and
in anger.i thought he was just threatning me.
after 2 times he said to me that he takes all his words back and lifted that
restriction off me.
then again after some time he said if you do such and such thing then you will
get 3rd divorce. and i did it again in anger.not knowing it will really happen.
can you kindly tell me if its really considered as divorce? as he had
taken it back previously.
i will be waiting for your reply.
thank you
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Answer:
Hanging divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
A conditional or hanging divorce is what is known in
Islamic Jurispurdence as ‘talaq mutallaq’.
A ‘talaq mutallaq’, or hanging, or conditional divorce is
when a husband puts a condition to the divorce that if the wife does such and
such, or if such and such happens, she is divorced. As long as the condition is not fulfilled,
the divorce pronouncement will remain ‘hanging’….and as soon as the condition
is fulfilled, a divorce will be established, and one of the three divorce
pronouncements of the marriage will be deemed utilized.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).’
Respected sister in Islam, regardless of whether your
husband laid the condition of ‘talaq mutallaq’ (hanging divorce) in jest, in
seriousness, as a threat, or for any reason whatsoever..... ……as long as it was
made clear to you by your husband that if you did such and such a thing a
divorce would be established; and if perchance for whatever reason you
fulfilled that condition, then indeed each time you fulfilled that condition
one divorce would be deemed established in your marriage in the Sight of
Shariah Law and in the Sight of Allah Subhanah.
Your Statement: …..my husband had forbiden me to do
something. he said "each time you do it consider it as one divorce".
i did that thign twice but unintentionaly and in anger.i thought he was just
threatning me.
Respected sister, absolutely
regardless of the reason/s you chose to do the thing forbidden to you by your
husband, if you fulfilled the condition twice, then indeed two divorces would
be deemed established in your marriage in the Sight of Shariah Law and in the
Sight of Allah Subhanah.
Your Statement: ….after 2 times he said to me that he takes
all his words back and lifted that restriction off me.
If only after you broke the
restrictions twice, your husband declared that he takes his ‘talaq mutallaq’
back and lifts the restrictions…..the restrictions would be deemed lifted; but
two divorces would have already been established in your marriage in the Sight
of Shariah Law and in the Sight of Allah Subhanah.
Your Statement: ….then again after some time he said if you
do such and such thing then you will get 3rd divorce. and i did it again in
anger.not knowing it will really happen.
can you kindly tell me if its really considered as divorce? as he
had taken it back previously.
If for whatever reason your
husband chose to re-instate the same condition again after the two divorces
were established, or he puts another condition which results in a hanging
divorce…..and if for whatever reason you fulfill that new condition…..then
indeed a third and irrevocable divorce will be deemed established in your
marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.
Respected sister in Islam,
since the irrevocable third divorce has now been established in your marriage,
both you and your husband should fear Allah Subhanah and separate from each
other. It would neither be permissible
nor lawful for the two of you to remarry or unite again unless you (the wife)
happens to marry another husband, and your new husband of his own free wills
happens to divorce you or he dies. These
are limits ordained by Allah Subhanah Himself; so do not transgress them if
indeed you fear Allah and the Last Day.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 229-231 :
229 Divorce is only permissible twice: after that the parties should either hold together on equitable
terms or separate with kindness. It is
not lawful for you (men) to take back any of your gifts (from your wives)
except when both parties fear that they would be unable to keep the limits
ordained by Allah. If ye (judges) do
indeed fear that they would be unable to keep the limits ordained by Allah
there is no blame on either of them if she give something for her freedom (if
it is the wife who initiates the divorce). These
are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by
Allah such persons are the wrong-doers.
230 So if a husband divorces his wife (irrevocably for the third
time) he cannot after that remarry her until after she has married another
husband and he has divorced her. In that case there is no blame on either of
them if they reunite provided they feel that they can keep the limits ordained
by Allah. Such are the limits ordained by Allah which He makes plain
to those who understand.
231 When ye divorce women (1st and 2nd divorce)
and they fulfill the term of their (Iddah) either take them back on equitable
terms or set them free on equitable terms; but do not take them back to injure
them or to take undue advantage; if anyone does that he wrongs his own
soul. Do not treat Allah's Signs as a jest but solemnly rehearse
Allah's favors on you and the fact that He sent down to you the Book and Wisdom
for your instruction. And fear Allah and
know that Allah is well acquainted with all things.
Your Statement: ….as he had taken it back previously.
According to your note, your
husband chose to lift the restrictions and conditions of the ‘hanging divorce’
only after you had violated it twice…..thus two divorces were already
established in your marriage in the Sight of Shariah Law and in the Sight of
Allah Subhanah.
But after lifting the
restriction, your husband chose to re-instate the restriction again…..and you
chose to violate that restriction….thus a third and irrevocable divorce would
be deemed established in the marriage in the Sight of Shariah Law and in the
Sight of Allah Subahnah.
Respected sister in Islam, with your sequence of words and
deeds, you and your husband have left yourselves absolutely no option except to
permanently separate from each other after the establishment of the third and
final irrevocable divorce.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
