Does talaq automatically happen after 90 days of the parties separation?
Salams
Can anybody tell me me if does talaqh automatically happens after 90 days of the parties separation? And there is no going back?
Thank you
- afreen
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Assalamu alaykum Sister Afreen,
Divorce has to be pronounced and only then it comes in to effect.
If you stay away 90 days or not does not count you are divorced, you are still married.
If you want to know further details about Divorce, do let us know Insha Allah.
Salaam.
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Therefor give good tidings (O Muhammad) to my bondmen, who hear advice and follow the best thereof. Such are those whom Allah guideth, and such are men of understanding.- Surah 39, Az Zumar, verse 17-18.
Assalamu alaykum Sister Afreen,
There is a going back now. And there is a going back until two divorces happen. After the third divorce a woman becomes unlawful for her husband.
As for those who swear not to touch their wives should wait for four months, during which it may happen that Allah may give reconciliation.
The Qur'an gives details on this in Surah Al Baqarah:
226. Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful.
227. And if they decide upon divorce (let them remember that) Allah is Nearer, Knower.
228. Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.
229. Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrongdoers.
230. And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.
231. When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things.
232. And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands if it is agreed between them in kindness. This is an admonition for him among you who believeth in Allah and the Last Day. That is more virtuous for you, and cleaner. Allah knoweth: ye know not.
Meaning if a woman is divorced for the first time, she has to wait for three monthly courses, then her husband either has to take her back as a wife or has to pronounce a second divorce and consequently the waiting period and even after this second announcement, he can retain her back. But once a divorce is pronounced for the third time, the wife becomes unlawful for him to touch, to be intimate with or keep any sort of marital relationship.
Please note that marriage is not a game and nor is divorce. So Allah says in the above verses: Make not the revelations of Allah a laughing stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom
Hope your question is answered.
Salaam.
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Therefor give good tidings (O Muhammad) to my bondmen, who hear advice and follow the best thereof. Such are those whom Allah guideth, and such are men of understanding.- Surah 39, Az Zumar, verse 17-18.
If a lady has an undocumented nikkah for 5 years. It was an unusual circumstance that Nikkah remained secretive. She separated from his husband soon after the nikkah. Its been five years now. The husband never came back to her or visited her or looked after her. Now the husband is married again and he lives with his second wife. The first lady is trapped now, she can't ask for divorce since she has an undocumented nikkah which cannot be proven. She fears she will be manipulated if she discloses her nikkah to anyone. How the marriage can be annulled in such circumstances. What does Quran, Fiqh aur Hadith says about this. Moreover, the lady does not want to consult her husband now for divorce. It will be harmful for both his current marriage and her reputation.