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Not accepting talaq after 3 talaqs in one sitting took place

Last updated: 15th August 2011
Question ID: #4145
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Salaam Shaykh I have been a very frustrated and angry recently. I know this married couple who have been married for few years and theyíve got three little children. The couple have been having marriage problems ever since marriage and the women in concern use to live with her in-laws. Although the guys parents never wanted the couple to be married but ever since the marriage the in-laws as well as her sister in-laws have been very problematic and have caused major issues. The guy himself isnít a good person as not only does he womanise but he has beaten his wife up many times. The guy also gave his wife one talaq during the initial stage of marriage. The girl has come back to her parents house numerous times and she goes back to her in-laws as many promises are made to her. Recently after an argument the guy became violent again and her father in law suggested that they have a divorce and that his son will re marry and that her father in law is going to call her father and will make sure that she leaves. The women didnít want her parents involved and didnít want them to be humiliated like that and she called the police and consequently the police took her back to her parents with her children which really hit the pride of her husband and in laws. The young women never blamed her husband for anything but instead diverted all the blame to her in laws although many have advised that he is the problem! While I was at the womenís parents house with her family I received a call from her husband accusing and threatening me of allsorts and he mentioned that he is going to bring a few people and wants a divorce from his wife. I said Ďif you wanted a divorce you would of by now, he then said I gave her three talaqs last week and three talaqs half an hour ago over the phone, their were a few family members who listened to what he said as it was on loud speaker and the conversation was also recorded. We then asked the women who didnít previously mention anything about any divorce and asked by number of people and she confirmed each time without any hesitation that she was given the 3 talaqs by him half an hour ago over the phone. Myself and the womenís brother then met three Scholars the very next day and explained everything and they confirmed that the marriage was over. I myself went to another 6 Scholars and again they confirmed that the divorce has taken place. The brother now has kind of changed his tone and is not really addressing the issue and what the scholars have said. The women herself does not agree that she has been divorced and keeps on saying that I donít want a divorce and has changed her tone saying that she now thinks he might of gave two talaqs rather than three. She is also in regular conversation with her ex sister in laws who are advising that she is not divorced as three talaqs in anger constitutes as one. The guys uncle has got involved and is saying that these Maulanas make things up and if his nephew said talaq three times in anger then its not a divorce and that he thinks that the guy has got mental health problems although the guy has got no history of mental health issues. Her parents are not dealing with this issue at all and to clarify the issue they have not got any scholars involved and have allowed her to meet her ex husband through the guys uncle who is now pulling all the strings. This whole issue isnít being challenged by anyone although she is still living with her parents she is in regular conversation and also meets her ex and as I understand that its been suggested that they move to their own house. I have mentioned to her that she is now divorced her older sister has also advised that she is now divorced but her parents are just ignoring what we are saying and isolating us from everything and are allowing her to do what ever she wishes and others to make judgement on this issue rather than scholars. Iím frustrated, what do we do as they are living a life of sin and everyoneís in total denial.



Bismillah



Al Jawaab Billahit-Tawfeeq (the answer with Allah's guidance)





In relation to your question, three divorce is counted as three, whether uttered in a normal situation or anger. They both must fear Allah Ta'ala.



Allah Ta'ala says,



"If he divorces her (for the third time), she shall not be lawful to him after that until she has wed (not for the purpose of remarrying her former husband) another spouse and then if he divorces her it shall be no offense for either of them to return to each other, if they think that they can keep within the Bounds of Allah. Those are the Bounds of Allah. He makes them plain to people who know." (2:230)



"When you have divorced women and they have reached the end of their waiting period, either keep them in kindness or let them go with kindness. But you shall not keep them, being harmful, in order to transgress. Whoever does this wrongs himself. Do not take the verses of Allah in mockery. Remember the favor of Allah upon you, and what He sent down to you from the Book and Wisdom to exhort you. Fear Allah and know that He has knowledge of everything." (2:231)





Please refer below:



'The Shar'i Ruling on Divorce Pronounced in Anger' By Hadhrat Mufti Farooq Sahib: http://www.muftisays.com/muftifarooq.php?viewpage=divorceinanger



Pronouncing Talaq three times:

http://www.muftisays.com/qa/question/4133/my-question-regarding-talaaq.html



Halalah explained:

http://www.muftisays.com/qa/question/2668/halala.html





And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
29th November 2011
Answered by:
Ulamaa ID 04
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Location: London