Home » Hanafi Fiqh » Askimam.org » I need to know if my marriage is valid. Q1: My husband and I have been under the effect of sihr (magic) done by his ex-wife, we have proof, she also admitted it.

I need to know if my marriage is valid. Q1: My husband and I have been under the effect of sihr (magic) done by his ex-wife, we have proof, she also admitted it.

Answered as per Hanafi Fiqh by Askimam.org

W. Once in her house(to visit his children)we had a huge fight and he gave me talak upon my repetitive requestse care for each other so much and need each other’s support in tabligh work. We reconciled but everytime we have a big fight even for no valid reason,I end up asking for talak,when I calm down I can’t believe my crazy request. A few months later I went hysterical asking him for talak to the point of hurting myself physically;as he couldn’t calm me down he prononced talak against his will again just to calm me. We reconciled again alhamdulillah. I never intended to get divorced from my him neither did he,it was the sihr affecting us so much. Are these two talaks valid? We are so afraid of loosing each other. Q2: I was married before at a young age.I got a divorce by him saying talak after a few months. He tried to make up with me after; we got intimate,but I realized I was making a mistake and cut ties with him. Being so ignorant about islam, we both didn’t know about Iddat period and don’t remember if the intercourse happened during iddat or after. I then filed for a legal divorce which he agreed to sign. Is it valid?Jazakallahkhair.

Answer

a) We regret to inform you that the two Talaaqs issued by your husband are
valid. We advise in future you exercise restraint and avoid asking divorce.
If your husband issues you one more divorce, your Nikah will be permanently
severed.
b) Your question is not clear. You stated you were married before and got
divorced by him. Who is ‘him’, your ex-husband or present husband? In
principle, if a husband files for a legal divorce or agrees to sign a legal
divorce, it will constitute a Shar’ee Talaaq.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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