Major irrevocable divorce
Fatwa No: 116098

  • Fatwa Date:15-12-2008 - Thul-Hijjah 17, 1429
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Question

Assalam-o-Alikum, I am a married women and living in a joint family. I am facing an issue of divorce which is as follows: > I got married on 16th of April 2008. 1. In the beginning of May 2008, my husband pronounced the first divorce while i was having periods and we were alone in the room. We reconciliated in 2 days 2. In the end of May 2008, he gave me 2nd divorce in extreme anger due to a family dispute. On that day I hadn't taken bath after last night's activity. We reconciliated in few hours 3. On 31st June 2008, he gave me a third divorce (more than 9 or 10 times) once again under pressure and extreme anger. After few days we found out that I am pregnant and we reconciliated in a week 4. On 29th of August due to family dispute we had a quarell and we started living separately. He sent me a tripple divorce in writing on 9th of Oct 2008 while I am pregnant. Later on he repented very much for his action and on 13th of November he asked me if we could reconciliate Sir its just that we both love each other very much. We have now identified the cause of dispute which always is based on misunderstandings and we both want to reconciliate desperately especially for our child so please tell us if there is any way for us both to reconciliate.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

 

If the situation is as you mentioned in the question, then you have become irrevocably divorced from your husband and you will not become lawful to him unless you marry another man a true marriage and he consummates the marriage with you and then he dies or divorces you.

According to the preponderant opinion of the scholars  may  Allaah  have  mercy  upon  them divorce during menses takes place as we clarified in Fatwa 82330.

We also clarified that three times divorce in one session takes place as three divorces and this is the view of the majority of the scholars  may  Allaah  have  mercy  upon  them and that anger does not prevent divorce from taking place if the person is conscious of what he says, as we clarified in Fatwa 84170.

Therefore, it becomes clear that the reconciliation which you resorted to after the three divorces is of no effect Islamicly, because you are irrevocably divorced from him and you are not lawful to him unless you marry another man.

As regards writing the word divorce, it is among the metaphors of divorce and if the husband intends to initiate divorce by writing the word divorce, then divorce takes place.

However, it is better to consult one of the Islamic courts in your country as it is more appropriate for the court to look into such matters.

Finally, it should be mentioned that marriage is an important Islamic ritual so it is not permissible for this ritual to be subjected to misuse and the breaking up of marriage for trivial reasons. In Islamic Law, divorce is the last solution, so how could it be that the husband considers it as the first solution.

It should also be mentioned that the wife has the right to have a separate accommodation as we clarified in Fatwa 84608.  

Allaah Knows best.

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