What are the ramifications of the wife giving 3 talaq. Is it binding? What course of action would be best?
According to Shariah, the husband has the exclusive right of issuing divorce unless he has handed the autonomy of divorce to his wife or any other person. If the husband has not handed the autonomy of divorce to the wife, divorces issued by the wife is not valid.
If the wife is expirencing difficulty in the marriage, we suggest the husband and wife seek the intervention of some senior of the family to assist them in their differences. They should understand that two humans living together are bound to have differences. However, the boundaries of those differences should not be overstepped. Sometimes for trivial reasons the sacred bond of Nikah is terminated through divorce. It is stated in a Hadith that the Arsh of Allah shakes with anger when divorce is issued. Divorce is not the solution to the problem. The husband and wife should bear in mind the serious repercussions of divorce more so if they are minor children involved. We therefore, emphasise that the husband and wife should hand over their matter to a senior of the family and resolve the issue in an amicable, loving and harmonious way.
And Allah Knows Best
FOR: Mufti Ebrahim Desai