I am in great trouble. I tell you my whole story in short and kindly guide me accordingly what should I do. Few months ago I got married with a girl “X” whom I didn’t want to marry. But due to parents pressure, and social family respect I had to do. I was engaged with that girl one year before. At that time I showed resistance but in vain. I was interested in some other girl “Y” whom I love very much. Anyhow marriage took place.
The Nikkah was performed two day before the marriage ceremony. As I was not interested to marry with “X” therefore when Nikkah Khaan asked me thrice about the acceptance of “X” I uttered I accept but at heart I accepted “Y”. Three times I did so. When Nikkah Khaan asked me do you accept “X” in your nikkah. I replied in this manner that I named “Y” at heart and loudly said I accept “X”.
After the marriage, I kept on meeting with “Y” because I love her very much. I cannot afford her to be separated from me. On day, what happened! We (me & Y) were quarrelling with each other. As we were in a car so driver was present. I pronounced three times loudly that I give divorce to “X”. As I was full of emotions. I become crazy when “Y” talks me like she would not marry me, or she would leave. I am very much attached with her. I cannot leave her. Later on when I reached at home I even messaged her on the mobile the same wording I give divorce “X” with this addition that YOU & Allah are the witness of this divorce. And I several time repeated this I pronounced and messaged about the divorce with the same wording.
Sir, the matter is this that the girl “X” means my wife doesn’t know about the divorce. Means I didn’t tell her that I have done so due fear of social disgrace. Wife’s family is very strong; upon disclosure of the divorce they can even kill me. Even my parents will not spare me. To date my wife does not know that I have divorced her in presence of one male and female. And these two witnesses didn’t disclose the whole story because they understand.
Now kindly tell me what is my marriage status? Divorce is valid or not?
I shall be very thank upon you consideration and response.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, if a person gives his wife three divorces in one sitting after the consummation of the nikah, talaq-e-mughalazah (a permanently irrevocable divorce) takes place regardless of whether or not the talaq was issued in the wife’s presence or not. Accordingly, your nikah with X is terminated.
And Allah Ta’āla Knows Best
Ismail Dawoodjee
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
و اذا قال لامرأته انت طالق و طالق و طالق و لم يعلقه بالشرط ان كانت مدخواة طلقت ثلاث (عالمغيرية ج1 ص355 رشيدية)
فتاوى محمودية ج18 ص312 مكتبة محمودية
فتاوى دار العلوم ديوبند ج9 ص245 دار الاشاعت
فتاوى دار العلوم زكريا ج4 ص107 زمزم
و ان كان الطلاق ثلاثا فى الحرة … و ثنتين فى الامة لم تحل له من بعد حتى تنكح زوجا غيره نكاحا صحيحا و يدخل بها ثم يطلقها او يموت عنها (عالمغيرية ج1 ص355 رشيديةا