Tuesday | 02 June 2020 | 10 Shawaal 1441
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Fatwa Answer

Question ID: 950 Category: Business Dealings
Talaq/Divorce

My daughter was divorced three times by her husband in one sitting. She is refusing to accept that the divorce was complete, after iddah ,in separation, recently completed, please advise the position under Sharia law.

 

He said "I divorce you" three times in the presence of his mother and brother. she was not pregnant ,and after this incident they had no conjugal relations at all, in fact lived in separate rooms .She moved out of the house after one week.He claims he said it in anger and does not consider it a talaq.He has been verbally and physically abusive towards her all along.

 

الجواب وبالله التوفيق

Since your son in law has said “I divorce you” to his wife (in front of his brother and mother) three times, 3 Talaqs have taken place (which constitutes Talaq-e-Mughallidha i.e. irrevocable divorce). The husband and wife are considered strangers to each other now.

ویقع طلاق من غضب (رد المحتار

I.e. just as a divorce takes effect when issued in normal circumstances, it also takes effect in the condition of extreme anger.

 It is impermissible for the two to live together now, without performing a ‘Shar‘i Halalah’.

 

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ ۥ مِنۢ بَعۡدُ حَتَّىٰ تَنكِحَ زَوۡجًا غَيۡرَهُ ۥ‌ۗ  (البقرۃ 230

The period of ‘Iddah is 3 menstrual cycles.

وَٱلۡمُطَلَّقَـٰتُ يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍ۬‌ۚ (البقرۃ 228)