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Fatwa Answer

Question ID: 662 Category: Dealings and Transactions
Talaq/Divorce

Assalamu alaykum respected Mufti Sahab and Shariah Board, 

 
I have a question about my divorce. I received a letter through my attorney which was sent to him by my husband's attorney that has a statement from an Imam stating that my husband gave me Talak (divorce) on January 13th, 2017.
The letter does not have the signature of the Imam. On the same letter, there is a statement from his parents that my husband has pronounced Talak, Talak, Talak (3 times) and both parents are witnessing with their signature. 
When he came back to Chicago in end of Janauary and again in February, my parents asked him to divorce me Islamically and legally, he refused. 
 
I'm including a copy of my divorce paper. 1. Is this divorce valid?
2. Does the parents statement have to be listed on the same letter that states that he is divorcing me Islamically?
3. Is his signature not required? 
4. If the divorce is valid, does he have to give me my mehr and jewelry, which he kept? 

 

الجواب وبالله التوفيق      

  • As per the situation described in your question, all three talaqs(divorces) took effect when issued, which is corroborated by the statement given by your husband’s parents in front of an imam. The imam also accepted their statement and issued a statement about the validity of the issued talaq, however his statement does not mention how many talaqs were issued. From the statement of your husband’s parents, it is understood that three talaqs have been issued. Therefore, you have become Mughallidha(irrevocably divorced) through the issuance of the three talaqs.

In case of a husband’s denial to issue talaq, the woman has to provide the proof of such talaq(i.e. two men or one man and two women witnesses). If the woman fails to provide said proof, or the requirement of the said number witnesses is not fulfilled then the husband has to perform a qasam(i.e. swear) and swear that he has not issued a divorce. In that case, his statement will be considered acceptable and a ruling will be made for the invalidity of divorce. However, if he had in fact issued a divorce but is using deception or lying to get back with his wife, then such an action will not make his wife halal upon him. He will be accountable for such actions in front of Allah Subhanahu Wa Ta‘ala. If he continues to live in that situation with his wife, its sin and the sin for establishing illegitimate relations with the woman will surely be upon him. In this situation, the ruling for the woman is that if she knows for a fact that the husband had issued three talaqs, and is swearing falsely to live together with the woman, then it is impermissible for the woman to let him gain control over her.

قال تعالی:فان طلقھا فلا تحل لہ من بعد حتی تنکح زوجاًغیرہ (القرآن)

المرأۃ کالقاضی اذا سمعتہ اواخبرھا عدل لا یحل لھا تمکینہ الخ (فتاوی دارالعلوم زکریا ص 119، ج4

  • The statement from your husband’s parents as witnesses was documented by the imam, however the comments about your behavior or transgression remains only with Allah Subhanahu Wa Ta‘ala Who knows everything.
  • If the husband is issuing a written divorce statement, then his signatures are also required.
  • It is permissible for you to demand the amount of unpaid mehr. If the jewelry is your property then it is permissible to demand for it to be given back to you. If the jewelry was the husband’s property but he had given as a gift to you even then you have a right to demand it back. However, if at the time of giving such jewelry, it was explicitly stated that it is being given to you just for use then it is impermissible to demand it back. If neither things were specified at the time of giving such jewelry (i.e. for possession or for use) then it will be analyzed what the urf(the usual procedure) is followed in that society. In our urf, such jewelry is given to the wife as a gift which makes it her property.

واللہاعلم بالصواب