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:

Janab-e-AAla

Aslam-u-alaikum

 

Main ye janina chahta hoon ke meine apni biwi ko 1saal pehle jab wo apne ma ke ghar par thee to kuch galat fahmiyoon kee wajeh se Talaq stamp paper par likh kar dee thee. aur mein teen talaq ek waqt mein dee thee. lekin meri biwi ne na mujh se talaq ke bare mein phone par tasdeek kee aur na hee kisi admi ya khat likh kar tasdeek kee.

 

maine jo alfaz apni biwi ko likhe thay wo ye hain.

 

Mein(name) tumhein (name of wife) talaq deta hoon talaq deta hoon talaq deta hoon. Question is: -

 

kiya ye talaq hoee ya abhi tak wow meri biwi hai.

kisi molvi sahib se jab meine ye maloom kiya to unhone ye kaha ke ye talaq naheen hoee kiyoon ke aap ki biwi aap ke samne na thee aur na hee unhon ne koee tasdeek ki hai

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Given three divorces in writing

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.

 

Dear and beloved brother in Islam, for a divorce to be established in Islam it is not at all necessary for the wife to be present when the divorce is being pronounced, nor is necessary that the wife has to confirm that the divorce has been declared with her husband. 

 

If the husband were to utter the words to the effect ‘I divorce you’, regardless of whether verbally or in written form, regardless of whether there are witnesses to this utterance or not, regardless of whether the wife is present or absent…..the divorce will be established.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229    A (revocable) 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. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

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.

 

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).’

 

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?"  As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"

 

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.'

 

Dear and beloved brother, since you have declared and pronounced divorce three times upon your wife, regardless of whether it was verbal or in written text, regardless of whether your wife was present or absent, regardless of whether your wife confirmed your declaration with you or not……an absolutely irrevocable divorce between you and your wife has been established; thus you should fear Allah Subhanah and His Day of Accounting and not seek to marry the same woman again.

 

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 and well wisher in Islam,

 

 

Burhan