| Source: | http://qa.muftisays.com/?1893 |
| Question ID: | #1893 |
| Question: Divorce (fatwa required) | |
| My husband and I married in 1999. In 2000, he sent 3 divorce letters pronouncing 'talaaq' thrice on three different occasions to me (April 2000), his own father (cannot confirm date) and my father (August 2000). My husband admitted to me, my family and his own family that he sent each divorce letter, confirming each letter was an original letter and written and signed in the presence of two witnesses each time. My husband and I re-married again in 2001 after being told by a Maulana/Alim that we could because the marriage had not been consummated. However I have since been advised that a Fatwa can only be given by a Mufti and re-marriage is only allowed on the basis that no privacy/intimacy is observed/experienced during the time of the first Nikah (Khalwate-Saheeha). My husband and I did spend time in privacy and did have relations but did not consummate the marriage (this was not mentioned when the Maulana/Alim was consulted). Can you please answer the following questions: 1. Was I divorced in April 2000 or August 2000? I have been advised by Muftis' in Bury and London that divorce took place on reciept of the first divorce letter. 2. When should I have observed my Iddat? 3 months from April 2000 or 3 months from August 2000? 3. What is the Islamic Sharia ruling on the above and confirm if the second Nikah is valid? 4. If the second Nikah is not valid does this mean I am still divorced from my first Nikah and have since been living in haraam? Jazahkallah-kahirun |
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| Answered by: | Ulamaa ID 03 (UK) |
| Date: | 26/05/2006 17:34pm |
Bismihi Ta'aalaa
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