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Hanging divorce.

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:

Asalam-o-Alekum

im writing to ask you a question.i dont want to disclose my name but it will be great if

you could please kindly guide me in a matter.


my husband had forbiden me to do something. he said "each time you do it consider it as one divorce". i did that thign twice but unintentionaly and in anger.i thought he was just threatning me.


after 2 times he said to me that he takes all his words back and lifted that restriction off me.


then again after some time he said if you do such and such thing then you will get 3rd divorce. and i did it again in anger.not knowing it will really happen.


can you kindly tell me if its really considered as divorce? as he had taken it back previously.


i will be waiting for your reply.


thank you

 

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Answer:

 

Hanging 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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

A conditional or hanging divorce is what is known in Islamic Jurispurdence as talaq mutallaq.

 

A talaq mutallaq, or hanging, or conditional divorce is when a husband puts a condition to the divorce that if the wife does such and such, or if such and such happens, she is divorced. As long as the condition is not fulfilled, the divorce pronouncement will remain hanging.and as soon as the condition is fulfilled, a divorce will be established, and one of the three divorce pronouncements of the marriage will be deemed utilized.


 

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).

 

Respected sister in Islam, regardless of whether your husband laid the condition of talaq mutallaq (hanging divorce) in jest, in seriousness, as a threat, or for any reason whatsoever..... as long as it was made clear to you by your husband that if you did such and such a thing a divorce would be established; and if perchance for whatever reason you fulfilled that condition, then indeed each time you fulfilled that condition one divorce would be deemed established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Your Statement: ..my husband had forbiden me to do something. he said "each time you do it consider it as one divorce". i did that thign twice but unintentionaly and in anger.i thought he was just threatning me.

Respected sister, absolutely regardless of the reason/s you chose to do the thing forbidden to you by your husband, if you fulfilled the condition twice, then indeed two divorces would be deemed established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Your Statement: .after 2 times he said to me that he takes all his words back and lifted that restriction off me.

If only after you broke the restrictions twice, your husband declared that he takes his talaq mutallaq back and lifts the restrictions..the restrictions would be deemed lifted; but two divorces would have already been established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Your Statement: .then again after some time he said if you do such and such thing then you will get 3rd divorce. and i did it again in anger.not knowing it will really happen. can you kindly tell me if its really considered as divorce? as he had taken it back previously.

If for whatever reason your husband chose to re-instate the same condition again after the two divorces were established, or he puts another condition which results in a hanging divorce..and if for whatever reason you fulfill that new condition..then indeed a third and irrevocable divorce will be deemed established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Respected sister in Islam, since the irrevocable third divorce has now been established in your marriage, both you and your husband should fear Allah Subhanah and separate from each other. It would neither be permissible nor lawful for the two of you to remarry or unite again unless you (the wife) happens to marry another husband, and your new husband of his own free wills happens to divorce you or he dies. These are limits ordained by Allah Subhanah Himself; so do not transgress them if indeed you fear Allah and the Last Day.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-231 :

229 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 (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.

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.

231 When ye divorce women (1st and 2nd divorce) and they fulfill the term of their (Iddah) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that he wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

 

Your Statement: .as he had taken it back previously.

According to your note, your husband chose to lift the restrictions and conditions of the hanging divorce only after you had violated it twice..thus two divorces were already established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

But after lifting the restriction, your husband chose to re-instate the restriction again..and you chose to violate that restriction.thus a third and irrevocable divorce would be deemed established in the marriage in the Sight of Shariah Law and in the Sight of Allah Subahnah.

 

Respected sister in Islam, with your sequence of words and deeds, you and your husband have left yourselves absolutely no option except to permanently separate from each other after the establishment of the third and final irrevocable divorce.

 

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 and well wisher in Islam,

 

 

Burhan

 


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