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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)

 

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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 says 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

 

(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 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 ones 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 says 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 Allahs 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,

 

 

Burhan

 


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