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Fatwa Answer

Question ID: 1343 Category: Marriage and Divorce
issue regarding divorce

In the year 2109, I filed for legal separation from my husband without informing him after going through marital disputes. After a few months, out of anger, my husband created a what's app group with the title of DIVORCE  and clearly mentioned in the what's app message that I should file for divorce default by myself. Later using the same what's app group he started sending messages to my family members stating that he has accepted the legal separation papers which were served to him and even said that he takes it as khula and khula is done according to him. I and my husband were in no contact until then, later we came in contact through email, conflicts were still not resolved and he again said through the email that he had sent a document to the court with his signature stating he wants to amend legal separation into a divorce. The next day when we had a conference call in court and I was asked again by the court about my decision so I went ahead and filed for divorce(KHULA). and it's been over 5 months since the KHULA is been finalized.

Now according to the whole situation presented above, when my husband sent the what's app message and submitted the document to court with his signature to amend the legal separation into divorce, so in both cases did two talaqs already happened or just one? and is it still permissible for both for us to get remarried with a new marriage contract (NIKAH)?

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Regarding this issue, the court's application for amendment of divorce is “tawkeel”, so it will not be considered a divorce unless the court issues the verdict. Since the court had not initially issued its judgment as the chronology of events  says, the divorce will not be enforced.

However, the number of divorces granted by the court later on, will be valid according to Shariah, per the number of divorces listed in the file. If the number of divorces is not listed, a single divorce will take place. Divorce pronounced by the court is “Baa’in”, meaning there is no right of recourse during the 'iddah period.

However, if you want to live a married life again, you can remarry  by mutual consent and a new dower to the wife, in the presence of two witnesses, during or after the iddah period".

According to Fatawa Aalamgiri:

اذا قال لرجل: طلق امرأتی کان توکیلاً و لم یقتصر علی المجلس الخ (ص۴۰۲ 

مَن قال لامرأتہ: انطلقی الی فلان حتی یطلقک فذہبت فطلقھا فلان صح ویصیر فلان وکیلا بالتطلیق و ان لم یعلم بوکالتہ۔ (فتاوی عالم گیری ۱؍۴۰۸)

فقط واللہ اعلم بالصواب