Thursday | 24 September 2020 | 6 Safar 1442
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Fatwa Answer

Question ID: 602 Category: Dealings
Is this Divorce/Talaq valid?

 

Assalam u Alaikum Brother , This is for my sister she got married in 1994 to our cousin who was 10 year older then her. He is a good person but his everday behavior is commanding and not an easygoing person. during first year of mariage my sister asked him to divorce her while he was trying to calm her down he said ok i gave you ( acha mein ne de dee hay) then on another time he said as a warning i give you divore in present tense ( mein talaq deta houn ) to warn her . then onetime they were paosted to far place from home and my sister daughter was sick and week since she was baby. my sister said that send us back home hamein Farigh kar do and he said ok mein Farigh karta houn many times even though this strike in his mind that it could mean a divorce too but he kept on saying then they had a new nikkah considering this a Bain irrevocable divorce. The mufti sahib told them this all happened until 2003 now recently my sister need to go to tailor to stitch clothes for a wedding and coming eid and he said he will take her but when they were going and sat in the car my sister that his mood is not good look like so she said we dont go then he said i am still taking you and then they strated arguing about the past that you are like that your parents made you a liability for me. I am suffring for so many years and my sister said now i will not go to shop anymore and will stay in the car so her husband turned back the car and came back home instead she said i will not go inside now will go to my village home then he punched her in the face while her children keep asking her dont try to leave they came inside but still in fight untill the episode ended duing this time he said i leave you (jhorta houn) 2 or 3 times and also i separate you (farigh karta houn) now we are upset after so many years they are not able to cope. my sister was always at her service on one foot but everything goes in vain please help us that how many divorces are all together now. 

 

 الجواب وبالله التوفيق 

In the situation inquired about, three Talaq have taken effect on your sister. She and her husband have become stranger for each other. It is not permissible to see each other or to have married relationship between them without حلالہ شرعیہ (Halalah e Shari’ah).

واللہ اعلم  بالصواب