Tuesday | 07 December 2021 | 2 Jamadiul-Awal 1443
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Fatwa Answer

Question ID: 771 Category: Dealings and Transactions
Talaq/Divorce

Assalamualaikum Warahmatullah Wabarakatuhu

Respected Mufti sahib, a few months back I had asked a question regarding some marital issues in response to which your office sent me the answer id 9121664. This ruling detailed that a Talaq-e-Raj‘ai(revocable divorce) has taken effect between me and my husband. Since the online website restricted the writing space to only one question along with a note that if more than one questions are asked only the first one will be answered, therefore the only question I asked was about one situation. Since the answer was received through email, there were actual signatures of muftian-e-kiram , I called their office to talk to him and informed him of additional details from my past, listening to after which the scholar informed me that me and my husband have become strangers for each other and that we cannot be living together anymore. I informed my family of this ruling and the new details I had recently learnt, they became upset and there was immediate lash back and opposition from everyone. A little later I requested my family members to talk to the scholar but upon calling we were informed that he has taken off to go to India for some time. Since the only proof in writing of the whole situation was about the Talaq-e-Raj‘ai, I contacted other muftian-e-kiram from Shariah Board who instructed me to submit a new question in writing with all the details possible, and since it takes time for the translators to translate questions for the muftian-e-kiram in Urdu language, they instructed me to submit the question in Urdu for the time being. During this time, I also met a scholar who was visiting Chicago from New York, I explained my issue to him as well and he instructed me to send him a written account of the whole situation, to which he never responded. Upon talking to him again, he recommended that I talk to the first scholar. Therefore after waiting for some more time when I found out that he is back from India, I spoke to him and he instructed that I should keep on living carefully as I have been, and again asked me to write this email that I am writing now. I hope to receive an expeditious answer to this question so I can satisfy my family members. The things I had previously informed the scholar over the phone are as follows:

  • Many years back when my kids were young, my husband had issued a divorce by using the absolute and clear word of divorce (Talaq), after which we quickly reconciled.
  • Many years later my husband called himself a nonbeliever after which he renewed his faith and our Nikah(marriage) again.
  • After a few years elapsing with peace, one day my husband asked me to get out of his sister’s (who is also my brother’s wife) house and that I should leave home for good. He repeated these sentences multiple times and upon enquiring the muftian-e-kiramhe denied that he said any such thing and that he never meant for his wife to leave the house forever. After this my husband spoke to some scholar by himself who told him that nothing like a divorce or anything has happened due to this particular instance, since his intention was not to divorce me. When as per my meager knowledge scholars only render a ruling based on the information that has been brought to their knowledge.
  • During this time my husband started threatening me and my kids that he would harm us.
  • When we brought this information to some scholars they said sometimes a smaller sin is less harmful when it is in order to refrain from a bigger sin.
  • My husband again became an apostate for the third time by calling himself a disbeliever and then repented and renewed his faith and Nikah. He then asked me to ask my brother to leave his sister and that he would also do the same by uttering the two words (i.e. Talaq).

In the light of these documented updates I am providing you, please advice and answer to help me safeguard my faith and belief. 

 

JazakAllah Khair

الجواب وبالله التوفيق

As per the situation described in your question only two divorces have become effective and the husband’s apostasy would not lead to an automatic divorce, the husband can only issue one more divorce moving forward.

The details for the above ruling are as follows; the husband issued a divorce and reconciled with you. After this he became an apostate (May Allah protect us) on three different occasions and performed renewal of faith and Nikah. In the third instance of becoming an apostate he issued a divorce during fighting and arguments by saying things like you are free, you should go away etc. which have been answered in detail as part of the Question ID 9121664.

If a Muslim man becomes an apostate (May Allah protect us), his Nikah with his wife becomes invalidated automatically without intervention of a qadhi(i.e. a judge in an Islamic court) ruling on it. However this does not amount to a divorce taking effect. If a man becomes an apostate several times and again and again renews his faith and Nikah, the woman will still be halal(permissible) for her husband without performing a Shar‘ai Halalah. 

Therefore, when your husband issued a divorce before becoming an apostate and another one after becoming an apostate for the third time and renewing his faith and Nikah, it made you a mutalliqa(divorced woman) through these two divorces. He can take you back during the period of ‘Iddah, however if the period of ‘Iddahhas elapsed he will have to perform a new Nikah in order to take you back without performing Shar‘ai Halalah.

(وارتداد احدھما) ایالزوجین (فسخ) فلا ینقص عددا (عاجل )بلا قضاء-در قال فی الفتح : ویقع طلاق زوج المرتد علیھا ما دامت فی العدۃ لان الحرمۃ بالردۃ غیر متأبدۃ فانھا ترتفع بالاسلام۔ فیقع طلاقہ علیھا فی العدۃ مستتبعا فائدتہ من حرمتھا علیہ بعد الثلاث حرمۃ مغیاۃ بوط ء زوج آخر۔۔۔قلت وھذا اذا لم تلحق بدارالحرب ففی الخانیۃ قبیل الکنایات: المرتد اذا لحق بدار الحرب فطلق امراتہ لا یقع وان عاد مسلما وھی فی العدۃ فطلقھا یقع۔ (قولہ افلا ینقص عددا) فلو ارتد مراراًوجدد الاسلام فی کل مرۃ وجدد النکاح علی قول ابی حنیفۃ تحل امراتہ من غیر اصابۃ زوج ثان بحر عن الخانیہ۔ ﴿ردالمحتارعلی الدر المختار،   ؃۴۲۴   ،ج۲

واللہ اعلم بالصواب