Thursday | 21 October 2021 | 14 Rabiul-Awal 1443
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Fatwa Answer

Question ID: 1323 Category: Marriage and Divorce
Divorce Validty

Assalam Aleikum warahmatuallah wabarakat. 

I  have married to my husband since 2016.He is Revert  but something's in Deen are not so strong with him.

I believe he has a Mental condition that is on and off.He has had a traumatic  childhood his mum died when he was 4  dad left him  and remained. He was Married at 18   ,he went to jail as a juvenile, his first wife  cheated  on him with another  man..

Basically what  I am try ing to say if  you add all that up you will conclude that he has a Mental issue, so much so that the state  made an evaluation and decided  he has a Mental  disability  of some kind .itd not  always  but the trigger is extreme  jealousy  that just sets him off. 

I didn't know all that before I  Married him having said that I don't want to be separated from him, because the better times are more than bad times.

For that reason I am asking for s Fatwa.He is Jealous of my Dad Brothers,his own son ,any men that even  glances at our house  even if I am in the Back room  and I am not present it bothers him.

My Question  is he has pronounced divorce so many times when his mental condition kicks in ,I felt I had to ask.

Latest incident, he was to take me to my hospital appointment, then he says ho by  yourself  I took the car out as I was backing  out it got stuck  in the snow  I went back in and called him he came out when he tried he couldn't  take it out the  neighbor  came to him he managed to get it out as I got back in the car ,I said thank you to the neighbor and to another  stranger  who came to help I didn't even look at them..He pronounced divorce  was in my menses ,when I was zahara, we prayed together read some Quran and Made Dua.Then  I asked him again  I said am clean did you mean it?.

He got upset  and he said zi tricked him to read quran and pray and make Dua,So he said yes I meant it.

Now he is crying out to Allah  and saying that he doesn't want to be alone,his other family members are not following  Islam basically he is on his own.

I am 3 days into  my Iddaa  what is the Fatwa,?

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

In your circumstance, if the number of divorces pronounced by your husband were three or more, then three divorces have taken place on you, even if those were given during your menstrual period.

It is therefore haraam for a husband and wife to maintain marital relationship without halalah sharia.

وان کان الطلاق ثلاثا فی الحرۃ وثنتین فی الأمۃ لم تحل لہ حتی تنکح زوجا  غیرہ نکاحا صحیحا فید خل بھا ثم یطلقھا أو یموت عنھا (الفتاویٰ الھندیہ: ۱؍۴۷۳

قال فی الولوالجیہ: ان کان بحال لو غضب یجری علی لسانہ مالا یحفظ بعدہ جازلہ الاعتماد علی قول الشاھدین ۔(شامی: ۴؍۴۵۳

 

فقط واللہ اعلم بالصواب