Am I Divorced?
Am I divorced?
Assalaamu alaikum WR WB,
I wanted to find out if Islamically I am divorced. My husband and I had problems while I was pregnant and he gave talak during this time although I know this was not valid.
We then reconciled and things went well for about 3 months after our chid was born. He then decided to pronounce that our marriage was not valid as he did not agree to our mahr. He now does not live with me and there has been no relationship between us for over 8 months.
Am I now divorced?
Please help.....
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(1471)Ibn Umar(Allah be please with him) reported that he divorced his wife while she was menstruating during the life time of Allah"s messemger(SAW). Umar b. Khatttab(Allah be pleases with him) asked Allah"s messenger (SAW) about it. Allah"s (SAW) said: comemand him (Abdullah b.Umar) to take her back (and keep her) and divorce her when she is purified and she again enters the period of menstruation and is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her(finally) before touching her(without having intercourse with her), for that is is the period of waiting(Idda) which god, the exalted and glorious, hascommanded for the divorce woman.
sahih muslim
asalamu alaikum,
With regards to giving divorce in the state of menstruation or nifaas; it is talaq bid'i (innovated talaq) and the most correct opinion of scholars is that it is not counted.
Talaq bid'i; is divorce given to a menstruating woman or divorce to a wife in her state of purity in which her husband had marital relations with her. It is unanimously agreed by all scholars that such talaq is harÄm based upon the following verse;
aO Prophet! when ye do divorce women, divorce them at their prescribed periods' [65:1]
And also when Ibn Umar divorced his wife while she was menstruating, the prophet got angry at him and ordered him to take her back and to give her divorce while she is in her purity period without having any marital relations with her. The prophet then said;
athis is the iddah period in which Allah has ordered for the women to be issued divorce' [reported by all sunan except for Tirmidhi]
The intent behind ordering Ibn Umar by the prophet was to take back his wife, meaning to his house, and this does not mean that divorce was counted upon him and for this reason the scholars have disagreed in the divorce given by Ibn Umar as counted by the prophet or not?
This is why they say; is talaq bid'i counted alongside been prohibited, or is it seen as void?
The correct opinion is that it is not counted because it is an innovated talaq which has been prohibited, and prohibition leads to nullification of the action. Ibn TaymiÅ·ah said;
athe principal which the Salaf (pious predecessors) and FuqahÄ were upon that: any worship or transaction performed in a way which is forbidden, is not binding to be accepted, even if some of the ahlul kalÄm (theologians) may disagree, but the correct stance is with the salaf and with FuqahÄ because thesahÄba and tÄbi'een would consider invalidation of an act of worship or transaction based upon the prohibition set by the Allah and this is mutawÄtir from them.
And also if (the above mentioned) is not an evidence upon its invalidity (talaq bid'i), then there is no evidence to prove that the Legislator has approved of something from FasÄd (invalidation).
Also the Legislator (Allah) would not prohibit something except that it consisted of pure harm or majority of it was harm......'
Also the hadith of the prophet, narrated by Ayesha;
aWhosoever invents in our religion that which is not a part of it will be rejected' agreed upon.
Meaning that action would be rejected, and this illustrates that any action made prohibited in Islam then it is void without having any effects. Hence, from those prohibited actions is talaq bid'i.
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I think instead of you trying to get help online. You should consult a local Molvi or some religious person.
Most of these people here will have opnion but real information will be given to you by some people in Mosque.
Brother Shah is right...only someone who is qualified in Fiqh related matters should be giving advice on your case and each case is assessed in its own merits.
Find a good Imaam inshaAllah.
first of all the sis probaly had no one to turn to so she is here for advice, afterall this is an islamic advice site i dont see the point in telling her to find a good imaam.. there are few ppl on here with excellent islam knowledge.
one of the commenters wrote
real information will be given to you by some people in Mosque.? so you saying no one else is capable of it? just to remind you the people from the masjid got there knowledge from the quran and the sunnah of our beloved prophet(SAW), there are plenty of hadiths book, lectures we can get hod of to gain alot of knowledge from and thats my source. not my opinion.
my comment is better presented if the pronouncement of number of divorce is made by the husband whose wife and two other witnesses did not hear a multiple no. 3 and the said wife is pregnant. could the wife be kept for iddah.