Husband declared divorce to wife.
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:
Assalaamualaykum
Burhan,
There
is a problem that has been hovering in my friend mind.it is that he sent a
letter to his wife saying: `main Mohammed Haris apni biwi Fatemah ko talaq deta
hoon Talaq-Talaq-Talaq`
`I give divorce to my wife Divorce-Divorce-Divorce` He needs to know if he is
divorced or not according to Islamic constitutions.Please try to answer this
query as soon as possible as he is very desperate for your answer.
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errors in the above statement. The forum does not change anything from
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Answer:
Husband declared
divorce to wife
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.
Your
Question: ….He needs to know if he is divorced or not according to Islamic
constitutions
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).’
If the husband has pronounced a ‘divorce’ unto his wife in
their marriage, absolute regardless of whether terms to the effect of ‘I
divorce you’ or ‘I divorce so and so’ were declared by the husband verbally, in
writing, through the phone, through email, through text-messaging, or through
any other medium of communication whatsoever….absolutely regardless of whether
the declaration of divorce was meant to be serious or merely in jest……..a
divorce will be established between the couple in the Sight of Shariah Law and
of Allah Subhanah.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 229:
229 A 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).
The brother, if he indeed wished to divorce his wife, he
could have pronounced the divorce unto her only once and a legal divorce would
have been established in their marriage in the Sight of Shariah Law and of
Allah Subhanah….but because the first two declarations of divorce are revocable
in Islam, the couple would have had the option of re-marrying each other if
they changed their mind at a later date.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 230:
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.
But because the husband chose to declare all three divorce
rights in one-go, an absolutely irrevocable divorce would be deemed established
in the marriage….and the same couple can never ever remarry each other again
unless and until the wife happens to marry another husband, and her new
husband, on his own free will chooses to divorce her, or he dies.
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.'
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 between the
couple in the Sight of Shariah Law and in the Sight of Allah Subhanah. 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.
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