Questionable Marriage and Questionable Divorce
Fatwa No: 83905

Question

I married to a woman about 4 years ago but my parents did not agreed on this, so we did Nikah secretly. My wife's relatives were present in that Nikah but my parents and no other relatives were there. After marriage I always had problems with my wife's mother. Later I came to know that she was not her real mother, she just brought her up. After 3 years we did another Nikah and Rukhsati was performed. After 9 months a child was born but after her delivery my wife use to favour her mother in all matters. I have fights with her. In reply she sued me in court for maintenance. In reply to that case I tried to solve this problem but it didn't, so I divorced her I have some doubts about the document I signed as it was written I pronounced three times by saying these Kalimaat “Maine Tum Ko Talaaq De” I want to ask that whether this Talaaq valid three times or is it considered as one Talaaq because is only written one time, please tell me if this Talaaq is valid for three times or it will be considered as one and also that Nikah was performed 2 times does it effect this Tallaq or if this is three Talaaqs? What are the possibilities that I can remarry her?

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.

Your first marriage is valid, so all its legalities are effective. Your parents' disagreement with your marriage does not have any effect on the validity of your marriage. Thus, renewing your marriage does not have any results.

As for divorce, writing the word of divorce is one of the means of divorce. If you have written with your hand the words 'I have divorced you thrice' intending three divorces, the divorce would be considered thrice. The same ruling applies if someone else writes the above words and you sign on them while you are legally competent and know what is written. In this case, your wife becomes forbidden for you and you cannot marry her unless she marries another man a serious marriage and he consummates the marriage with her and then he divorces her or dies. When he divorces her voluntarily, then you may marry her. Allah Says (what means): {…And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah.} [Quran 2:230]

Allah knows best.

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