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.
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.
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