Divorced Her Thrice on Phone and They Wish To Reconcile
Fatwa No: 410416

  • Fatwa Date:5-1-2020 - Jumaadaa Al-Oula 10, 1441
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Question

Asalam ,I asked my husband to divorce me for past year he didn’t want to do it but in the end he did it over the phone by saying I don’t want to divorce you then he said your divorce 3 times he come back after my Idahah finish. Both of us want to come to each other .our school of thought are different I am Maliki and is Asian following hanafi .could plz help us .jazakkalllah khair.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Pronouncing the words of divorce thrice in one incident counts as a triple (irrevocable) divorce according to the view of the majority of scholars, including the four schools of Fiqh. Some scholars held that it counts as one divorce only, and this was the opinion chosen by Shaykhul-Islam Ibn Taymiyyah, may Allaah have mercy upon him. This opinion was adopted by many Sharee‘ah courts in Islamic countries. We advise you to refer to the trusted Islamic centers in your place of residence; if they advise you to follow this opinion, then you are not blamed for acting upon it.

We would like to point out that his earlier statement, “I do not want to divorce you,” does not prevent the divorce from taking place because he followed it with the explicit words of divorce. Moreover, it should be noted that it is impermissible for a woman to ask her husband for divorce except for a valid reason. Assuming that there is a valid reason for requesting divorce, it may not be the optimum solution, especially if the spouses have children, for divorce harms the children and breaks up the family, making them regret their decision when regret will be of no avail.

For more benefit on irrevocable divorce, please refer to Fataawa 384739, 381389, 128967, and 116098.

Allah Knows best.

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