Category: Divorce (Talaaq)
Fatwa#: 39488
Asked Country: Australia

Answered Date: Dec 06,2017

Title: Is there any way out of 3 divorces?

Question

Salam My husband has said the exact words ‘you’re divorced’ on 3 seperate occasions .. Q1. does the words have to be ‘I divorce you’ or him saying ‘you’re divorced’ valid divorces? We just learnt now that after the second divorce we could of done a new nikkah , we weren’t aware of this at the second divorce and just got back to together the next day by hugging etc . Q2. Because we weren’t aware that we could of done a new nikkah does that make a difference ? Q3. After 2 divorces if you do a new nikkah , is it from scratch marriage like is there 3 divorces left again Iike when you first get married ? Q4. I’m a fresh revert and I was in my HUsbands face screaming ‘divorce me’ not understanding divorce in Islam clearly after been a non Muslim for 26 years and having previous relationships in the past .. would me been in his face demanding and screaming for him to divorce me make any difference ? We have children and both have no family or support around us besides each other Please make dua we can be halal for each other again inshaallah

Answer

In the Name of Allah, the Most Gracious, The Most Merciful.

As-salaamu `alaykum wa-ramatullahi wa-barakatuh.

If your husband issued you divorce in clear words and in the present or past tense, for example, you are divorced or I divorce you, that constitutes a valid divorce. If he divorced you two times, you could reconcile within the iddat period being three menstrual cycles without a reperformance of the Nikah. However, if he divorced you three times in three separate occasions, that will constitute a talaaq-e-mugallahzah (a permanently irrevocable divorce).[1]

As such the nikaah terminated permanently. You cannot live with your ex-husband.

The only way to reconcile is the process of halala. That is, if you remarry after your Iddat period and if by chance your new husband divorces you and you spend your iddat of divorce from him, then you may remarry your former husband.

And Allah Ta`ala Knows Best.

Hussein Muhammad.

Student Darul Iftaa

Tanzania

Checked and Approved by:

Mufti Ebrahim Desai.

 



[1]

الفتاوى الهندية - ط. دار الفكر (1/ 355)

وإذا قال لامرأته أنت طالق وطالق ولم يعلقه بالشرط إن كانت مدخولة طلقت ثلاثا وإن كانت غير مدخولة طلقت واحدة وكذا إذا قال أنت طالق فطالق فطالق أو ثم طالق ثم طالق أو طالق طالق كذا في السراج الوهاج

 

الفتاوى الهندية (1/ 473)

وَإِنْ كَانَ الطَّلَاقُ ثَلَاثًا فِي الْحُرَّةِ وَثِنْتَيْنِ فِي الْأَمَةِ لَمْ تَحِلَّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ نِكَاحًا صَحِيحًا وَيَدْخُلَ بِهَا ثُمَّ يُطَلِّقَهَا أَوْ يَمُوتَ عَنْهَا كَذَا فِي الْهِدَايَةِ

 

الهداية شرح البداية (1/ 376)

وإن كان الطلاق ثلاثا في الحرة أو ثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها

 

 

Fataawa Mahmudiyya, Vol 12, Pg 425

 

 

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.