Title: Ruling on talaq bayin

Question: (1) If I uttered ‘one talaq bain' in front of my friends as witness and signed the talaq form of Kazi for one talaq bain. But I did not send that letter/form to the address of my wife and so my wife or any one of my relatives did not get that letter or did not know about this talaq. I destroyed that letter after two days. I want to know whether this talaq is established as per Islam or not as my wife is totally unaware of this? She did not get anything or did not know. (2) If my wife sent me divorce letter as per govt. rule because wife has the right to give divorce to husband too whether it is not allowed by Islam to give divorce by wife. I want to know if this divorce is established by law of Islam or not. (3) After one talaq bain, husband and wife can get re-married within iddah period or after iddah period too by fixing dain-e-mahr. I want to know - after one talaq bain and after his re-marriage then, husband has right to give the remaining 2 talaqs or he will get the right to give new 3 talaqs as new marriage. Please let me know. Would you please give me the information on above points according to Islamic Shariah?

Answer ID: 66389Posted on: Sep 1, 2020

Bismillah hir-Rahman nir-Rahim !

(Fatwa: 1077/1133/L=10/1437)

(1-3) If you give written talaq bayin to your wife and do not condition the written talaq with something then talaq shall occur on your wife though you tear off the talaqnama later and throw it and do not send to your wife. If the talaqnama mentions about one talaq bayin then you may keep your wife with you after new nikah within iddah period or after iddah. After new nikah, the husband shall have only the right of two talaqs and if any time in future he gives two more talaqs, then all the three talaqs shall take place and the wife shall become mughallaza bayina and haram.

(2) According to the Shari’ah only husband has the right to pronounce talaq not the wife. If the wife sends talaqnama then it will not be taken into consideration as per the Shari’ah.

قال عليه السلام: انما الطلاق لمن أخذ بالساق . رواه ابن ماجه.