Monday | 26 October 2020 | 9 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 660 Category: Dealings and Transactions
Divorce

Assalamo Alaikum

I need a help regarding my divorce issue. I’m badly stuck and have very short time to fix this issue since my in laws are badly forcing my husband to file a divorce in court asap. So i really need a fatwa asap so that if there’s something left in out marriage then i can save it. My husband is very nice but for no reason my in laws are so against me and they were forcing my husband to leave me else they’ll leave them so he was so pressurize like so much that he was actually seeing psychiatrist and getting help from counselors in all this time.. Please please reply me fast i really need a fatwa soon. 

 

I have three questions

First, 

Me and husband had an argument in which my husband issued 1 divorce at once. He used “ i divorce you” such sentence, so my question is issuance of such divorce at a one time counts as one or full irrevocable divorce?

 

My second question is, 

I am sure i heard in hanafi’s or even in all the other views its same that if a man issues divorce in extreme anger then it doesn’t count at all? In extreme anger, my husband who never yells shout or gets mad on anything. In an argument he was so extremely out of control that he was trying to get out of the house but i was super upset so i forced him literally i hold his hand and pull him inside the house and he got so mad. He started yelling and shouting.. then he was trying to avoid me but i was kept on asking him questions so he got so mad he got so out of control and he started saying things which he never said in his life and in that anger he said i divorce you and literally to make him quite i put my whole hand in his mouth to make him shut. And after that he was so blank like nothing happened and he was so out that he had no idea what he just said or did. He had no intention of saying a divorce word. He was soo extremely mad. It was a level of insanity. He he had no idea what he was saying or doing. So in that saying a divorce one or two times does it count at all?

 

My third question is,

is a husband issues 2 divorces at once and then the wife goes to her parents house and they don’t make up (no rujo or no intercourse) at all, in that iddat period can he issue another divorce or not until they make up?  

Please reply fast. Please email me these fatwas bu email and please write on your letterhead and then send me through email.  
Thanks 

الجواب وبالله التوفيق      

  • As per the situation described in your question, one Talaq-e-Raj’ai(revocable divorce) has taken effect, the husband has the right to perform ruju‘ (reconcile) during the period of ‘iddah, and if the period of ‘iddah has passed, a new Nikah can be performed to live together.

اذا طلق الرجل تطلیقۃ رجعیۃ او تطلیقتن فلہ ان یراجعھا فی عدتھا

When the husband issues one Talaq-e-Raj‘aior two talaqs, he has the right to perform ruju‘, during the period of ‘iddah(الھدایہ کتاب الطلاق باب الرجعۃ)

  • Talaq is usually issued in the state of anger, it seldom happens that one issues talaq in the state of pleasure and in an amicable manner. Therefore, as per the rulings of ahnaf and jamhoor al-ulamah(resounding majority of ulamah) a talaq issued in the state of anger takes effect, except for the ruling of Imam Ahmed Rehmatullah Aleh and Imam Ibn-e-Qayyim Rehmatullah Aleh. In addition, in the talaq issued with explicit and clear words there is no dependency in that situation upon the underlying intention or desire, even without an intention or desire the talaq still takes effect. If one talaq is issued one takes effect, if two are issued then two take effect, but both will be considered Talaq-e-Raj‘aiin which the husband can perform ruju‘.

(الطلاق مرتان فامساک بمعروف او تسریح باحسان (سورہ بقرہ

It has been mentioned in a hadithof Rasulullah Sallallaho Alyhi Wasallam:

(عن ابی ھریرہ رضی اللہ تعالی عنہ ان رسول اللہ صلی اللہ علیہ وسلم قال ثلث جدھن جد وھزلھن جد النکاح والطلاق والرجعۃ (ابوداؤد کتاب الطلاق

(ویقع طلاق من غضب خلافا ًلابن قیم و ھذا الموقف عندنا (کتاب النوازل ص 200، ج9 بحوالہ شامی

ثم الطلاق علی غیظ واقع عندالجمہور وفی روایۃ عن الحنابلۃ لا یقع (بذل المجھود شرح ابوداؤد ص 176، ج7

(الصریح لا یحتاج الی النیۃ (ردل المحتار کتاب الطلاق

  • If the husband issues two talaqs, those are also considered Raj‘ai(revocable) and the husband has a right to perform ruju‘ during the period of ‘iddah. However, he still has a right to issue one more divorce upon which it will become talaq-e-mughalldha(irrevocable divorce). The method for performing ruju‘ is to state verbally that “I performed ruju‘” or perform actions such as showing physical affection or intimacy. After the issuance of two talaqs, the husband only has a right to issue one more talaq. As soon as he practices his right to issue this last talaq, the woman will become mutallqa mughalldha and thus haram upon him, therefore the husband should be extremely cautious.
    واللہاعلم بالصواب