What is Islamic ruling on triple divorce and can they reconcile and live together?
Assalam O Alaikum,
On the 25th of March 2011, (Husband) (Sunni Muslim) sent a declaration of pronouncement of Talaq in the form of a Letter through post (mail) to his (Wife). The letter stated the reasons for giving Talaq to his wife and also contained 3 Bank Drafts towards maintenance for the period of waiting (Iddah). He had written; I Talaq Umme Kulsum, I Talaq Umme Kulsum, I Talaq Umme Kulsum and signed the letter in presence of two Muslim witnesses, who also signed the letter as witnesses to the declaration of pronouncement of Talaq. The husband had only signed the letter but not pronounced or uttered the words in front of the witnesses.
The letter reached Umme Kulsum on the 26th of March 2011. She and her parents anticipated the letter to be the letter of declaration of Talaq (Talaqnama), hence refused to accept the letter and returned the letter without opening the envelop that contained the letter of declaration of Talaq. I would like to know the answers for the following queries, in light of Holy Quran, Sunnah of our beloved Prophet Muhammad (pbuh) and authentic Hadith.
1- Is the Divorce Complete?
2- Is it considered as one Divorce (Talaq) or three divorces (Talaq) From when does the waiting period (Iddah) start?
3- What are the views of four Imams for this kind of divorce?
4- If the couple want to continue the marriage, is it permissible?
5- What is the procedure for the couple to continue their wed-lock (marriage)?
I have also received two contradicting Fatwa on the above situation, one from the Hanafi School of thought and another from Shafi’i School of thought (the wife is from this school of thought). I am free to follow any one of them? One says three divorces are complete & couple cannot continue the marriage and the other says only one has taken place and the couple can continue the marriage (with reference to a hadith in sahih muslim). Just for your information during thier married life they bore two children who are still very young (one is 3 and 1/2years & the other is 2 years). In the best interest of their children can they continue the marriage as one Fatwa says only one divorce has taken place? What is your opinion in this regard?
Also, I request you to give authentic references to justify your answers in detail for the above questions? I’m eagerly waiting for your reply, which will guide us in taking the right decision in accordance with Sharia Law. Please treat this matter as urgent and time bound.
Thanking you, Mr. Hussain
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Brother Hussain, Walaykumsalaam,
It is best that you go to a Shariah Council and consult directly with a qualified Imam/Mufti, as none of us here are qualified in fiqh.
SisterZ
IslamicAnswers.com Editor
Assalamu alaykum Brother,
There are some clear guidelines in the Qur'an related to divorce as below:
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. - Surah Al Baqarah.
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. - Surah Al Baqarah.
Allah says clearly do not make His revelations a laughing stock : by saying talaaq 3 times without obeying Allah's orders of divorce.
Insha Allah, with reference of verses, I shall answer your questions one by one:
1- Is the Divorce Complete?
Divorce must be announced once, then she has to go in iddah of three monthly cycles, before the end of this period it is better they reconcile and if they do not, he has to announce another divorce and again an iddah period of three monthly cycles, see how beautifully Allah gives two chances of reconciliation and if the third time he announces divorce, the wife becomes unlawful for her husband.
So this is the procedure for divorce for those who husbands who have had physical relations with their wives as per the Book of Allah.
2- Is it considered as one Divorce (Talaq) or three divorces (Talaq) From when does the waiting period (Iddah) start?
Divorce announced first time is first, second time is second and third time is third - saying three times together at once without observing iddah and leaving a woman is not a way prescribed by Allah.
The waiting period beings from first talaaq - 3 monthly cycles (then either retain wife or announce second talaaq)
Again the waiting period after seond talaaq - 3 monthly cycles (then either retain wife or announce thrid talaaq) after the third time wife becomes unlawful for husbad.
3- What are the views of four Imams for this kind of divorce?
I hope you have a clear answer on the divorce from the Qur'an.
4- If the couple want to continue the marriage, is it permissible?
After first talaaq wife has to observe iddah of three monthly cycles and in between the husband can take her back any time and continue the marriage.
In this case you have to talk to the husband and those who gave him advice on this way of divorce as to how valid is their action. And consult with them and their scholars on its validity.
5- What is the procedure for the couple to continue their wed-lock (marriage)?
There is no procedure as such, the husband can take her back, by words and actions. But better would be to repent to Allah for wrong actions of the past, Thank Him and Praise Him for unting the couple again and making them of one mind and seek refuge in Allah and start married life again in the name of Allah.
I hope the answers are clear brother and if there is any confusion do let me know.
Husbands should educate themselves with the Qur'an first before even thinking of talaaq. See, this is the result of our ignorance of the Qur'an, we go straight to muftis without even opening the book of Allah, we rely on them so much that we do not even know what the Book of Allah says and what He commands us to do and what is the way of talaaq taught by The Beneficent.
Hope the advice is of help.
Salaam,
Your brother.
assalam u alaikum!
my friend got married before 3 years but there wedding ceremony didnt take place,they never touch or saw one another after nikah.last month due to some family matters her husbsnd divorced her wid three divorces at once.he sent him talaqnama which is a kind of stamp paper.i want to ask can they remarry? is halala is must before their marriage?
asma, we are not qualified to give a fatwa on your friend's divorce. She should consult a qualified scholar in her area and describe all the details. As far as so-called "halala", there is no such thing in Islam. It is a big sin and was condemned and cursed even by the Prophet Muhammad (pbuh).
Wael
IslamicAnswers.com Editor
Assalamu alaykum Sister Asma,
The Qur'an makes mention of divorce without touching the woman as below:
236. It is no sin for you if ye divorce women while yet ye have not touched them, nor appointed unto them a portion. Provide for them, the rich according to his means, and the straitened according to his means, a fair provision. (This is) a bounden duty for those who do good.
237. If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety; And forget not kindness among yourselves. Allah is Seer of what ye do. – Surah Al Baqarah.
49. O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon. But content them and release them handsomely. – Surah Al Ahzaab.
There is no iddah to be observed when talaaq happens without a man touching his wife and hence this divorce is immediate.
Way of divorce in the Qur'an is:
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. - Surah Baqarah.
These are the rulings of the Qur'an. It is upon Muslims how they obey it and it is between them and Allah.
Salaam,
Your brother.
We cannot tell you whether your divorce is valid or not as we are laypeople and not muftis.
However, if you want general information about the concept of triple divorce or triple talaq in Islam, please see the following article:
Ruling on Triple Divorce
Wael
IslamicAnswers.com Editor