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Her husband signed her divorce papers twice and does not respect Islam

Question

Asslamu Alykuom My husband wanted divors me by Swedesh law. we sighned on paper towis but we tooke it back. But he singthed again on paper but this time i was prgnant. I asked a imam he said you hade lost two talaaq. But becouse of you are pragnant you have one talaag left. but after four month i lost the child and one time we were with each other, But after rthat i didn't want to be with him( to have sex) and it has been gone 7 mouth. and we are not leav with each other. I don't know is my marrige is vaild or not. but he also said to me many times "i divorce you" . and once he said it is finished between us. i think my marrige is not vaild can you help me. Is Swidish law like islam law. One imam told me it is same and Sharia accept this law Divorce is divorce. My husban dosen't respect islam and he dosen't beleive prohet. Pleas help me i don't want to do sin and i alredy told him that we are divoced in islam. I raly love him also i wanted him back for my child saike. i don't want to do sin. can you please help me

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

We are not aware whether or not the Swedish law corresponds to the Islamic Sharee’ah in regard to divorce; this is not important anyhow. If the husband initiates divorce, then divorce takes place in any case.

As regards writing the word divorce, then this is one of the metaphors of divorce and divorce does not take place unless the husband utters the word divorce or intends it when writing it. For more benefit, please refer to Fatwa 90056.

If the husband intended divorce while writing the word divorce, then three divorces have taken place unless he wanted with the second and third divorce to confirm the first divorce; in which case it is only one divorce.

As regards divorcing a pregnant woman, divorce is valid as we clarified in Fatwa 87764.

With regard to the statement of the husband to his wife ‘I will divorce you’ then this is a promise of divorce and divorce does not take place unless the husband intends it when saying this; in which case divorce takes place. For more benefit, please refer to Fatwa 92476.

If the husband says to his wife ‘the relationship between us is over’, this is one of the metaphors of divorce and divorce does not take place unless he intends it. For more benefit, please refer to Fatwa 92383.

The above are some general rules about divorce.

As regards your question whether or not the marital bond is still valid, then if it is true that your husband does not respect Islam and does not believe in the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) then your marriage to him is void due to his disbelief. In this case you are obliged to separate from him and you are not permitted to let him have sexual intercourse with you. For more benefit, please refer to Fatwa 90497.

However, if he is a Muslim and you are exaggerating in what you are saying because of his negligence about some of your rights and committing some acts of disobedience, then in principle the marital bond is still valid unless he intended divorce with the above metaphors of divorce. In this case, you are divorced from him an irrevocable divorce and he is not permitted to take you back as a wife unless you marry another man, consummate the marriage with him and then the latter divorces you or dies. It is only then that your first husband may marry you again.

Allaah Knows best.

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