After few minutes, i say again word TALAK 3 times in front of her Parents
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:
Salam,
Dear Bhai Burhan
Please inform me regarding my problem i will
be very thankfull to you.
The problem is attach file with this Email
Thanks
Dear Bhai
Burhan,
July 8, 2005
Asalam O Alaikum,
Pakistan citizen and living in Indonesia, I
am a married guy I have one son 4 Years old.
Here is my problem now, please guide me
through All-Quran and Ahdise.
I divorce my wife just only 2nd
June around 24.00 Indo time at mid night, I say the word TALAK 3 times in one
short, I was in good condition mean not drunk because I am not drinker and
remember every word by word, at that time my son was sleeping we are two only.
After few minutes, i say again word TALAK 3
times in front of her Parents ( Father & Mother ).
Now please guide me through All-Quran
and Ahdise.
Because my wife and her parents say’s in
angry mode TALAK not done. If done also they say one short, 3 times
saying this word TALAK consider only one TALAK. But after few minutes i repeat
again they say for 2nd and 3rd TALAK have to wait for 40
days for every TALAK.
Please guide me now.
If you want to ask me any thing beside this
please mail me
Waiting for reply through All-Quran And
Ahdise.
Thanks
July 08, 2005
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Answer:
Given 3 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 no one (no idol, no person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad (saws) is His
slave-servant and the seal of His Messengers.
Allah Says in
the Holy Quran Chapter 65 Surah Talaq verses 1-2:
1 O Prophet! When ye do divorce women divorce them at their
prescribed periods and count (accurately) their prescribed periods: and fear
Allah your Lord: and turn them not out of their houses nor shall they
(themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who
transgresses the limits of Allah does verily wrong his (own) soul: thou knowest
not if perchance Allah will bring about thereafter some new situation.
2 Thus when they fulfil their term
appointed either take them back on equitable terms or part with them on
equitable terms; and take for witness two persons from among you endued with
justice and establish the evidence (as) before Allah. Such is the admonition given to him who
believes in Allah and the Last Day. And for those who fear Allah He (ever)
prepares a way out.
The correct way to
pronounce divorce in Islam, as taught in the Holy Quran, is that a person gives 1-divorce to his wife
when she is not in a state of menstrual impurity, and they ‘stay-away’ from her
for three menses periods. If before the three menses periods are over,
the husband and the wife decide to live together and have sexual intercourse,
then the divorce is deemed cancelled and they remain as a married couple.
But if the three menses
period duration passes, and the couple
do not come together, then the husband
and wife will be considered divorced and the woman may marry any man of her
choice thereafter. If they want to
re-marry after this period, a brand new ‘nikaah’ needs to be done for them to
be husband and wife again; but the
husband has used up one of his three divorce rights, and has only two more divorce rights left in
this marriage. The divorce and
re-marriage can only be done twice; and
the third time the husband pronounces the divorce, then it will be considered a final divorce
and the couple cannot remarry; unless
the woman marries someone else and that husband divorces her or dies.
Allah Says in
the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness.
Thus, in Islam, one need not use all the three divorce
pronunciations to divorce his wife.
Only one divorce pronunciation is enough to obtain divorce, and after
the woman passes the ‘iddah’ or waiting period of three menses periods, she is
free to marry anyone she wills, and it also leaves the option for the couple if
they wish to re-marry again.
Al-Muwatta
Hadith 29.1
Yahya
related to me from Malik that he had heard that a man said to Hadrat Abdullah
ibn Abbas (r.a.) , "I have divorced my wife by saying I divorce you a
hundred times. What do you think my situation is?" Ibn Abbas (r.a.) said to him, "She was
divorced from you by three pronouncements, and by the (balance) ninety-seven,
you have mocked the Aayah of Allah."
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)”
The absolute majority of
the scholars are of the opinion that if one pronounces three divorces to one’s
wife at one time, they will count as three and an irrevocable divorce will be
established. That was the ruling of even
the noble companions of the Messenger of Allah (saws) of the stature of Hadrat
Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.
Al-Muwatta
Hadith 29.37
Yahya
related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban
that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three
times before he had consummated the marriage, and then it seemed good to him to
marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah
ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not
think that he should marry her until she has married another husband.'
Your Question: Because my wife and her parents say’s in
angry mode TALAK not done. If done also they say one short, 3 times
saying this word TALAK consider only one TALAK. But after few minutes i repeat
again they say for 2nd and 3rd TALAK have to wait for 40
days for every TALAK.
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).’
My dear and beloved
brother, although it is true that the declaration of ‘talaq’ or divorce three
times in one go is not a proper or Sunnah way to announce a divorce, if one
abuses the authority and trust that Allah Subhanah has bestowed upon the
husband and he, in anger or in calmness, seriously or in jest, whether he meant
it or said it only to scare or threaten his wife, regardless of whether he is
drunk or sober, if the husband announces the phrase ‘tallaqta’ or ‘I divorce
you’ to his wife three times, it will count as three declarations of divorce
and thus constitute an irrevocable divorce in the Sight of Islamic Law.
What a believer says and
does has serious implications in Islamic Law and must take responsibility and
bear the burden of the consequences which result from his act. Just as one cannot marry a woman and say the
next day he was drunk or was only joking; similarly he cannot pronounce divorce
on her and say the next day he was angry, or drunk, or joking, or anything
else! What he says and does counts, and
has serious implications in the Sight of Islamic Law and of Allah Subhanah.
The absolute majority of
the good scholars are of the opinion that if one declares three ‘talaqs’ in one
go, it will constitute as three and thus an irrevocable divorce. If you search hard enough, you might find
someone who, in his effort to appease the pleading wife, or her parents, and
save the marriage may say that three divorces at one go count only as one; but
as your brothers and sincere well-wishers in faith, we implore you to fear
Allah and His Day of Accounting, for His Laws on marriage and divorce are
extremely clear and He is a witness to whatever happens in this universe.
Allah Says in
the Holy Quran Chapter 2 Surah Baqarah verse 230: So if a husband divorces his wife (irrevocably) 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.
If one trusts, obeys,
and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being
misled; but if one believes, obeys and
follows any other guidance, other than that of Allah and His Messenger (saws),
one can be assured of being led astray.
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 in Islam,
