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View Full Version : My husband gave me talaaq.he said it 3 times in one go.are we divorced now?


shaheen786
Apr 28, 2010, 03:48 PM
My husband in a fit of rage said I divorce you, 3 times in one go. Are we divorced now?

cdad
Apr 28, 2010, 03:51 PM
No. Its my understanding and I could be wrong but it has to be done where others hear it like a overlook or mountaintop or top of the hill.

Gemini54
Apr 28, 2010, 07:11 PM
According to Islamic scholars yes, it is valid:

Procedure of issuing Talaaq

If all efforts have failed and there remains no possibility of reconciliation the following procedure should be adopted when issuing a Talaaq.

The best form of talaaq that the husband can issue to his wife is that the husband pronounces only one divorce to his wife. For example he should say, 'I divorce you' or 'I give you talaaq'. The sunnah method of issuing this divorce is that only one such divorce be given and that too, in a clean period of the wife wherein no sexual activity was engaged in, between the spouses.

The benefit of issuing this divorce is that the husband can revoke the divorce before the expiry of the iddat, thus causing the nikah to be intact again. The revocation can be done verbally, by statements such as, 'I have taken you back as my wife', 'I have revoked the talaaq' or physically, by being intimate with the wife. By intimacy is meant kissing, hugging in an intimate manner, touching the wife in an intimate manner etc. The word intimate here does not imply sexual intercourse only.

If the divorce is not revoked within the iddat period then by the passing of the iddat the wife will be considered to be completely out of the nikah of the husband and is free to remarry.

If the divorce was not revoked by the husband within the iddat period and the couple decides to reconcile thereafter, then a new nikah will have to be performed. In this way the wife doesn't have to marry another man before being able to get back with the husband. One must however understand that if the couple does get together during or after the iddah then the divorce that was issued still stands. In future the husband only has two divorces left to reach the maximum three. In other words the divorce/s are not cancelled by reconciliation.

This process allows the spouses a cooling off period wherein they are able to reflect on their marriage and hopefully set right their shortcomings and reconcile with their spouses.

Three divorces issued at once or separately, in anger, jest, while being intoxicated, jokingly, or whilst the wife is pregnant or is experiencing menstruation is valid. A husband must never issue three divorces at once.

The reason for this is that by the issuance of such divorce there remains no room for reconciliation. In this situation the couple may only reconcile if the wife marries another man after observing the Iddah of this divorce and the second marriage takes its normal course. Only if this man (second husband) either passes away or divorces the wife and after the Iddah is complete will it be permissible for the couple to marry one another again.

Guidelines for a Bayaan on Talaaq (http://www.islamsa.org.za/resources/talaaq_bayaan.htm)

Cat1864
Apr 29, 2010, 07:56 AM
Where do you live and under whose laws were you married?

Fr_Chuck
Apr 29, 2010, 08:29 AM
I don't know where to move this or just leave it.

It really needs to go to the legal section if we are talking about a legal divorce

Or if we are talking laws under religious control, Islamic law, I can move it to the Islamic board.

Will the original poster come back and give us more detail as to where the live and what type of legal or religious help they want