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:

Please advice in light of islamic sharia and as per the quran /hadith.

I had delivered word "TALAK" thrice to my wife in different occasion.

1. 1st time in last week of October 2010 - No witness - immediate patched up.

2. 2nd time on 2nd Dec 2010 - witness (husband Friend) present.

3. 3rd time on 11th March 2011 - witness (3 family members from wife`s family were present. Between the period of 2nd and 3rd TALAK we didn`t go to near each other.

Wants to know is there any chance remain or divorce completed? Please explain in brief.

if there is no chance remain what are the next steps? please explain.

for a sake of our children`s education can we stay together? if yes how long?

What will be the responsibility of father towards his children?

If husband wants to meet the children is there any restriction or condition can apply?

awaiting your kind reply.

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Answer:

He divorced his wife thrice and he wants to take her back or solution

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.

I had delivered word "TALAK" thrice to my wife in different occasion.

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.

Wants to know is there any chance remain or divorce completed? Please explain in brief.

There are two types of divorce in Islam:

The first type is the revocable divorce, namely the first and the second divorce; which basically means that there is a chance for the couple to reconcile and remarry after their revocable divorce, if both of them wish to do so.

The second type is the irrevocable or final divorce, namely the third divorce; there is absolutely no return or reconciliation if the husband pronounces three divorces (regardless of whether these three are announced at three separate occasions or on one occasion) unless the wife marries another man, and the new husband dies, or of his own will divorces her

Brother if you have uttered talaq thrice you have divorced your wife irrevocably and now cannot remarry her unless she has married another husband and he has divorced her with his own free will.

if there is no chance remain what are the next steps? please explain.

Here’s what a husband is commanded to do after he pronounces divorce to his wife:

Fear Allah

Count accurately the prescribed period of the ‘iddah’ of divorce

Absolutely cannot force or coerce the wife in anyway to leave the house during the period of divorce.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 1:

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.

Absolutely cannot treat the wife with harshness, abuse, cruelty, spitefulness, slander, mud-slinging, blame-mongering, or any injustice whatsoever. But rather live out the waiting period on a footing of kindness, patience, and justice.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 19-21:

19      O ye who believe! Ye are forbidden to inherit women against their will.  Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity.  If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.

And finally, absolutely cannot demand or take back anything from the ‘mehr’ he gave her or any other gift which he presented to her during their time of marriage.

20      But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?

21      And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

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.  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).

Where she can stay for iddat ? in husband`s house possible?

The iddah preferably should be done at her father’s house but there is no harm if she wishes to do in your house.

for a sake of our children`s education can we stay together? if yes how long?

What will be the responsibility of father towards his children?

Staying together for the children's education etc., is possible if she agrees but she will be a non-mehram to you and required to be veiled at all times. You cannot interact with her without valid reason or sit and chat or see TV etc., together. You will be putting yourself and her into a big trial.

What will be the responsibility of father towards his children?

You are responsible for all the expenses for your wife and child till her iddah period. After her iddah period you are solely responsible for all the expenses of only your child eg: food, clothing, schooling, tuition, transport etc., till he attains adulthood (18 years).

If husband wants to meet the children is there any restriction or condition can apply?

There is no restriction if an amicable agreement is made between you and your ex-wife to allow you visitation rights. Once a week for a couple of hours, or more or less is acceptable. But all the while ensure that all decisions concerning the upkeep of the child is done in an honorable and amicable manner.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

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