• Social Matters >> Talaq (Divorce)

    Question ID: 49958Country: NZ

    Title: Divorce Clarification

    Question: Myself and my wife live in a western country. In a very heated argument with my wife (where physical violence was involved) between both of us and we both lost our cool and got very angry on one masala? I assaulted her physically and she could not control her anger and she assaulted me with a belt. I lost my temper when she assaulted me with a belt and I said to her that I will divorce you. She challenged me and said if you have guts, do it, and repeated the words say it. In anger I uttered the word talaq, talaq, talaq, without making any intention that I am giving three or one talaq but in anger I uttered the words thrice. Later on we took a fatwa and some of the scholars said divorce took place and some other scholars said divorce is only once not three? So we did ruju the same week and lived together and after passing on couple of years some difference started again and my wife was not listening to me when i went in to tabligh jamat. And I removed TV from home and stopped my wife moving out of the home without my permission, said to her to wear hijab and sent my son and daughters to madrasa for them to complete Hifz. When I started implementing the commandments of Allah and the sunnah of the beloved prophet PBUH she revolted against me and did Baghavat? Things became very worse between us where police was involved and one day without informing me she took off my wife left me and my four children abandoning us in western country and went back to her father place in India. She then said to me that she does not want to live with me and informed to her father that my husband has pronounced talaq on me two yrs ago and her father approached Jamia Nizamia HYD and they gave a fatwa stating that divorce happened. I do not know if her father informed full story about getting ruju after taking a fatwa two yrs ago. They then went to Qazi HYD and sent me talaqnama stating that divorce happened and send me the divorce certificate. My questions are: After getting ruju with me she used the same proceeding of two yrs ago can she do that? Since two years WHEN SHE LEFT ME AND MY CHILDREN I have not seen HER. I did not divorce her again after getting ruju with her nor she has taken a proper khula? Can she use the same divorce proceedings of two yrs ago after getting ruju with me? I am forwarding the fatwa taken at that time by a famous scholar sheikh Ahmed Kutty of Toranto Please do let me know if she is still considered as my wife or not.

    Answer ID: 49958

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 129/129/M=01/1435) In the above mentioned question, when you admit that you pronounced the words of talaq thrice out of anger then all the three talaqs took place on your wife immediately and she became mughallazah bayina, and the relation of husband and wife came to an end completely. After three talaqs, the right of taking wife back comes to an end until you do Shariah halalah. Thus, taking her back was null as well as it was sin for both of you to live together like husband and wife without a Shariah halalah. You should do taubah from it. The act of ruju (taking back wife) was null. She did not return into your marital life, rather she became a strange woman for you. There is no need of talaq or khula after it. It is wajib for both of you to separate from each other.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India