He divorced her a third time during a period of purity in which he had had intercourse with her

I divorced my wife for the 3rd time during an extreme anger outburst today. I have never been so angry and lost control of my normal thinking due to the anger.
The divorce also took place during a period of purity wherein I have had intercourse with my wife.
I regretted what I said very soon after I pronounced the divorce.
Can you please tell me whether the marriage is still valid, or is it finished now?.

Praise be to Allaah.

Firstly:

Divorce (talaaq) as prescribed in Islam is that in which a man divorces his wife during a period of purity in which he has not had intercourse with her. If he divorces her when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her, then this is an innovated divorce (talaaq bid‘i)

The fuqaha’ differed as to whether it counts as such. The majority are of the view that it does count as such, but some are of the view that it does not, because it is a haraam, innovated divorce, and Allah, may He be exalted, says (interpretation of the meaning): “O Prophet (SAW)! When you divorce women, divorce them at their Iddah (prescribed periods)” [at-Talaaq 65:1]. What is meant is: when they are pure (not menstruating) and their husbands have not had intercourse with them. Among those who were of this opinion was Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), who was followed by a number of scholars.

It says in Fataawa al-Lajnah ad-Daa’imah (20/58): There are several types of innovated divorce (talaaq bid‘i), such as when a man divorces his wife when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her. The correct view is that this does not count as such. End quote.

Based on that, if you divorce your wife during a period of purity in which you have had intercourse with her, then it does not count as such according to the more correct view. Continue reading

He Divorced Her Several Times and She Doesn’t Know if She’s Still His Wife or Not

I left my husband 18 months ago due to his unreasonable behaviour. He has beat me, spat on me, given me his urine to put in my mouth, put chilli in my eyes, put a knife to my neck and told me to say the shahada because he was going to kill me.
Before I left him, he told me on two occasions Talaq (divorce), you are not my wife and we are finished. After I left him he told me on the phone you are talaq (divorced), and after a few months he said again I divorce you 10 times. But after each time he would after a while kiss or touch me sexually. About two months ago he said he wanted us to get back together. I said no, I want to divorce and go to the mosque to end the marriage. His reply was, I divorce you and I am not going to any mosque ever, then 10 minutes after saying this he sexually grabs me in public. Although he hid it, I moved away from him and he said I want you and I replied I will never return back to live with him. We have a little girl together who is very hurt by his actions. Am I divorced from him by all the times he has announced talaq. I took him to court and was granted a 3 year restraining order against him. Thank you and may Allah bless you for all the good you are doing for many oppressed Muslim women who like myself are reverts and have no family to protect and defend them.

Praise be to Allaah.

First:

The husband’s saying “you are not my wife” and “we are finished” is not from the explicit wordings of divorce and so divorce does not take effect unless that was the intent of the husband. He must be consulted to know this. Continue reading

He divorced his wife three times in a state of extreme anger

I embraced Islam recently then I got married. Then I had a big argument with my wife. I got extremely angry and said to her: You are divorced (talaaq) three times. Now I regret that very much but I do not know what my intention was at the time; did I intend to divorce her or not? I looked for a ruling on this divorce and I found out that the Hanafi madhhab, which is the madhhab of my country, regards that as an irrevocable divorce. Some websites regard the threefold talaaq as an innovation (bid‘ah) and say that it should be counted as one divorce, but others say that divorce does not count as such if there are no witnesses to it. Which view is correct?.

Praise be to Allaah.

Firstly:

For divorce to count as such, it is not stipulated that there should be witnesses to it; rather divorce (talaaq) may occur without any witnesses.  Continue reading

Ruling on a man who divorced his wife three times when he was under the influence of witchcraft

What is the ruling on a man who divorced his wife three times when he was under the influence of witchcraft, and now he does not remember how he divorced her and does not know what happened?.

Praise be to Allaah.

For a divorce to count as such, it is stipulated that the husband should be of sound mind and do it voluntarily. If he is not of sound mind or he is forced to do it, then his divorce does not count as such.

Ar-Ruhaybaani (may Allah have mercy on him) said: The Muslims are unanimously agreed that if a person loses his mind and that is not the result of consuming an intoxicant that is haraam, such as in the case of sleep, loss of consciousness, insanity, taking medicine that makes one lose one’s reasons, or sickness, then his divorce does not count as such.

End quote from Mataalib Ooli’n-Nuha, 5/322.  Continue reading

He divorced her before consummating the marriage and wants to take her back without her father knowing

I am from an Arab country and my husband did the shar‘i marriage contract with me, then the civil marriage. Now we are waiting for a visa so that I can join him in America. My husband is very hot-tempered and he does not know what he is saying when he gets angry, but he always regrets it after that. Whilst we were arguing over the Internet and he was very angry, he said to me “You are divorced (anti taaliq)”, one time only. Now he wants to take me back but he does not want anyone to hear about what happened, especially my parents. Is there any way to put things right without the family knowing?.

Praise be to Allaah.

Firstly:

If this divorce took place before the marriage was consummated and before you were alone together, i.e., he was not alone with you in a place where no one could see you, then this is an irrevocable divorce, according to the consensus of the scholars, and it is not permissible for you to go back to him except with a new marriage contract that fulfils all the conditions, namely the consent of the wife and the wali (guardian) and the presence of two witnesses.  Continue reading

He divorced his wife, and her ‘iddah has finished, can he remarry her without returning to the court?

I have divorced my wife and her ‘iddah has finished, but we did not register the divorce in the court. According to the law she still is my wife. I live in another country that is far from my home country.
The question is: 
I want to remarry her with a new contract, new dowry and to keep the first contract as valid as it is in the court. As the conditions of a marriage contract to be valid are witnesses and dowry, not registration in the court. Please enlighten me, may Allah reward you!.

Praise be to Allaah.

If a man divorces his wife for the first or second time (talaaq) and her ‘iddah has ended, he may take her back with a new contract that fulfils the conditions and pillars of marriage, namely the woman’s consent, the wali (guardian) and two witnesses, along with the mahr (dowry).

Recording the marriage or divorce in court is not a condition of it being valid, but it protects the rights of the wife and the husband and the children, hence it should be done.

We do not see any reason not to do the marriage now and to let the previous document stand, because it will serve the purpose.

And Allah knows best. Continue reading

If a divorced woman remarries, who gets custody of the daughter?

I divorced my husband (through khula issued by a group of Imams in our community as my ex-husband was refusing to accept the khula due to his difficult personality). The reason why I asked for the khula was because he refused to financially support me or our daughter and was very negligent towards us. My daughter was less than one years old at the time. For one year, the Imams tried to negotiate a contract with him, but because he is argumentative and very unreasonable, the Imams encouraged me to go to American court so that I could get some financial support for our daughter. I despised going to the American court, but I really felt that I had no other options. I only take what is Islamically reasonable in terms of money for my daughter from my ex-husband. We have a visitation schedule in place, but he only spends minimal time with her and makes very little effort to establish a good relationship with her.
My daughter is now 7 years old and has always lived with me and my parents. I would like to re-marry and have a question about custody. I know that once a woman re-marries, she loses custody of her child. However, my daughter is now 7 years old and old enough to say who she wants to be with. I know there is a difference of opinion as to who can “sponsor” her, but if she really wants to live with me, can she continue to do so after I remarry. Please note that the man I would like to re-marry has absolutely no problems with helping me raise her. Also, although my ex-husband is Sunni Muslim, his entire family is either non-Muslim or Shiaa. Given that I know my ex-husband tends to be negligent, I don’t want to put my young daughter in an un-Islamic environment.
In the event that I do lose primary custody of my daughter, could my mother “sponsor” her. Also, what happens after the age of puberty? Can she then come back to live with me?.

Praise be to Allaah.

Firstly:

The mother has more right to custody of her children until the age of seven, so long as she has not remarried, because of the report narrated by Ahmad (6707) and Abu Dawood (2276), from ‘Abdullah ibn ‘Amr, according to which a woman said: O Messenger of Allah, this is my son; my womb was a vessel for him, and my breasts gave him to drink, and my lap was a protection for him. His father has divorced me and he wants to take him away from me. The Messenger of Allah (blessings and peace of Allah be upon him) said: “You have more right to him so long as you do not remarry.”

This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood.

If she remarries, custody passes to the one who comes after her. There is a difference of opinion among the fuqaha’ concerning that. Some of them think that it passes to the maternal grandmother and this is the opinion of the majority of the four madhhabs. Some think that it passes to the father, and this is the view favoured by Shaykh al-Islam Ibn Taymiyah and Ibn al-Qayyim. See al-Masoo‘ah al-Fiqhiyyah, 17/303; ash-Sharh al-Mumti‘, 13/535.  Continue reading

He divorced her via text message then he denied it or forgot

My husband and I had a huge argument and after arguing back and forth he issued a divorce in a text. He texted Wallah its over. You are divorced.’ He says that he does not remember. We have been seperated for four months now although he has been trying to reconcile with me before my iddah was over. I have refused to get back with him until now. My question is, does a divorce in a text valid? If the husband denies it even though there is proof, is it a valid divorce? If I refused to get back with him before and my iddah is over now, am i haram for him and do we need a new aqd? We have four children and we want to reunite.

Praise be to Allaah.

Firstly:

Divorce by writing, if it is clearly stated such as saying ‘You are divorced (anti taaliq)’ is a real divorce and there is no need to have the intention of divorce.

See the answer to question no. 72291

Secondly:

If the wife claims that her husband divorced her and he denies it, then his words count unless she brings proof that the divorce has taken place. This is from the point of view of rulings and verdicts, and the matter rests with Allah, may He be exalted, Who can see what is in his heart. If he knows that he issued a divorce, then he did not take her back during the ‘iddah or do a new marriage contract after the ‘iddah, then his intimacy with her is zina and is haraam.

If you kept his message in which he clearly stated a divorce, this is sufficient to prove that divorce has taken place. If this was the first or second divorce, then he may take you back so long as you were still in ‘iddah. The ‘iddah of a woman who menstruates is three menstrual cycles; for a woman who does not menstruate it is three months. The ‘iddah of a pregnant woman lasts until she gives birth.

If the ‘iddah has ended and he has not taken you back, then he is not permissible for you except with a new marriage contract that fulfils the conditions of having two witnesses and a wali (woman’s guardian).

And Allah knows best. Continue reading

He divorced her three times when she was menstruating

Me and my husband had an argument where i end up asking him to divorce me. he bought two witnessess and in front of them he divorced saying talaaq talaaq talaaq with the intentio of divorcing me thrice and that day i had my periods. after onsultation with my parents we follow hanabi where iddat period is mandatory so they considered this divorce as one. his family follows hanafi where this talaaq s considered thrice and now there is a lot of confusion . i prayed to allah (swt) for what to do i keep on having this dream where i am not able to get married to anyone else. what does it mean. should i accept this divorce and move on but my dreams keeps on haunting me?.

Praise be to Allaah.

If your husband went to the court or consulted a scholar whom he trusts, and that scholar ruled that the threefold divorce counts as such, then the matter is as he ruled, and you are not permissible for your (ex-)husband.

But if he did not consult anyone or go to the court, then the reliable ruling in our opinion is that divorce issued at the time of menses does not count as such, either as one (talaaq) or more, and that the threefold divorce — if it is issued during the time of purity (i.e., when the woman is not menstruating) is counted as one divorce. If you husband follows this fatwa, or he himself consulted a scholar who says that it does not count as a divorce, you are still married and no divorce has taken place.

If he consulted a scholar who says that divorce issued at the time of menses counts as such, but he regards the threefold divorce as one, then you have been divorced once (one talaaq) and he may take you back so long as the ‘iddah has not ended.

See the answers to questions no. 72417, 36580, 147987 and 96194 for the scholarly fatwas that we have referred to.

And Allah knows best. Continue reading

He divorced his wife three times in a moment of anger

The Incident of Divorce: I have been suffering from chronic sleeping disorder for about last 16 years and have been treated by various psychiatrists and psychologists for many times and over many years but no avail. I have been requesting my wife to go back to native country for short time till our baby starts better sleep. The same way in the early morning of August 21, 2009, I again deeply requested to my wife to go back for short time but she replied that unless I say her that she is not my wife she will not go back. I went in extreme anger and without pre-planned intention, I pronounced to my wife “you are divorced, you are divorced second time and you are divorced third time” in one go. The following were the prevailing conditions at the time of pronouncements:
i) Pronouncements were mainly due to my chronic sleeping disorder and continued bad mental condition due to sleeplessness especially after our baby birth.
ii) The anger was so intense that my eyes were closing and blurring. I faced such an extreme angry state second time in my life. Although I was aware of what I am saying but anger was so intense that it compelled me to do so and almost have lost my control over brain.
iii) I have had intercourse with my wife before pronouncement of divorces during her ongoing purity period.
iv) The pronouncements were mainly based on the general perception taken from the media or the society that people divorce the wife by three pronouncements.
v) After the incident I read the procedure of divorce given in the Quran. I repented a lot that if I had known the procedure and commandments of Allah (SWT) about divorce or had been told by the religious person who taught my Nikah then it did not happen so.
vi) I swear to Allah (SWT) that if I had known the procedure of divorce explained by Qur’an and if I had known that three pronouncements in one go are counted as three irrevocable divorces and is a great sin and person left no chances of reconciliation then I must had not acted so (pronounced thrice).
We have already resumed our marital relations based on Qura’nic verses, view point of various Ulmahs and Fatwa of Islamic Sharia Council.
Seeking Ruling/Fatwa: Although many Fatwas go in my favor, however, still doubts came in my mind. Therefore at present I am away from my wife till your Fatwa/Ruling based upon Quran and Ahadiths.

Praise be to Allaah.

We have previously published on this website a number of fatwas about divorce (talaaq) issued in anger, in which we explained that anger is of three levels:

-1-

Mild anger, in which the husband is annoyed and upset by what his wife has done, but that does not prevent him from thinking rationally and deciding what is the best thing to do.

In this case, the divorce counts as such, according to all scholars.   Continue reading