Dear Scholar: Assalam-o-Alaikum : I am suffering from a severe problem. My nikah was solemnized a year before but this marriage was not consummated. My husband went to Canada after one hour of our Nikah. We never met alone and this marriage was not consummated. Due to some problems which raised and could not be settled down. In October my husband said through an email that divorce paper are ready and I will send u soon. In December I received a divorce deed from my husband containing the statement ? Now this deed witness that, I the said do hereby divorce Almas Rashid pronouncing upon her Talak, Talak and Talak and by serving all connections of husband and wife with her forever and for good? My questions are: Q1: Is the procedure of divorce is same just like normal case as this marriage was not consummated (without any sexual relationship)? Q2: Is in such case its one divorce effective (as according to my information, it is counted as one in an un-consummed marriage)or it will be considered as tripple divorce effective(According to my husband his intention was of giving three divorces)? Q3: After receving the divorce deed, my husband said me through an email That I divorce u, I divorce u, I divorce u. When I was trying to convince him, that previously sent was one divorce. Will that be counted as 2nd or 3rd divorce? Plz reply me soon. Anxiously waiting for the answer. Plz guide me, as ur guidance can do a lot in my life. I want to continue my relationship and want to convince my husband. I will send ur answer to him with a hope to him direction. Plz plz plz help me
Answer:
(Fatwa: 464/L=153/tl=1431)
If husband gives his wife talaq with three separate words before sexual intercourse and meeting in privacy (khalwah), as mentioned in the question, in this case only one talaq will take place and she would become divorced with bayinah talaq. She can marry her previous husband by doing new nikah, without halalah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband