Tuesday | 05 March 2024 | 24 Shabaan 1445

Fatwa Answer

Question ID: 801 Category: Dealings and Transactions

My question is about a sister who has received the following email messages (1st email copy below) from her husband multiple times (about 13 times) where he states he in clear state of mind and good health has freed her from their marital contract.  

He sent the same message to her father and sister as well on separate occasions.  Following the message the mother of the sister spoke to the husband on the phone and he stated “I have given what I had already.  Only thing remaining is the paperwork. I will send the divorce letter as well by Sunday”.  Also the third copy of the email (below) was sent the following day to her sister (which indicated that he was not in any state of anger at all).

 With his messages and verbal statement along with consultation with two ulama from the community the family has understood and accepted that divorce has been established.  The wife was not happy in this relationship and has not been communicating with him for the past 6 months prior to this message. The family has stated that she will return everything given to her in and outside of her Mahr (dowry) when he hands off the divorce papers. 

Now the husband refuses to provide divorce letter and claim he was angry and said such things in an angry state thus this does not count.  He claims she is still his wife and whether she likes it or not she is obligated to stay with him and that the family should force her to go to him.  

 Please help us and give us guidance in accordance with Islamic Law and with evidence from the Quran and Hadeeth.  JazakaAllah Khairan. 

May Allah guide us all to the straight path and ease our difficulties.

الجواب وبالله التوفيق

As per the situation described in your question, when Abu Sayed Md Muttakeen divorced his wife 13 times through email and then forwarded these messages to his wife’s sister and father as well, this is a proof that he issued the divorce with a sound mind and while he was in his senses. Therefore the divorces have taken effect and his wife has now become mughallidha. It is impermissible to live as husband and wife without performing Shar‘ai Halalah.

فَاِنۡ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنۡۢ بَعۡدُ حَتّٰى تَنۡكِحَ زَوۡجًا غَيۡرَهٗ ‌ؕ (البقرۃ 230

In addition to this, the husband’s claim that he was in a state of anger when he issued the divorce is unacceptable and irrelevant, as a divorce issued in the state of anger takes effect. Also, divorces are usually issued when people are angry and not in the state of agreement and harmony.

واللہ اعلم  بالصواب