Home » Hanafi Fiqh » Askimam.org » Is this divorce valid? based on 1. circumstances of the talaaq 2.mental state of both parties at talaaq saying 3. intentions in their hearts at saying?

Is this divorce valid? based on 1. circumstances of the talaaq 2.mental state of both parties at talaaq saying 3. intentions in their hearts at saying?

Answered as per Hanafi Fiqh by Askimam.org

assalamu-alaikum inshallah you get this resubmitted question:I told my husband I wanted a divorce and he said he did not want divorce.We were both very stressed at the time because 1 year prior to this we were walking down the street together the night before Ramadan1997 and were brutally attacked by 5 men and robbed.After ramadan I asked a pearson in our community why Allah would allow this and he said “this thing happened to you and your husband because your husband has a haram job in that grocery store where they sell beer”.We were both injured physically and emotionally,me seemingly more than him,this and the religious advice played on my mind for 11 months until december 1998,when i was driving the car I told him he had to say I divorce you 3 times.He hesitated and said he didn’t want to and after 2times he stopped and said “what are we doing habuba?”At the time he said “habuba”(an affectionate name)I wanted to stop and this all be a bad dream but I felt compulsion and made him say third talaaq even though he said “i don’t want to I forced him.Now,in the last week of this Ramadan2000 I reliesed what a horrible thing I did and I want his forgiveness and forginess from ALLAH Ta’la.I want to still be married to this man and never inflict so much pain again to any person may Allah Ta’ala forgive me.Please answer this I truly think if we had not been in this distressed state due to circumstances,mental state we would still be married

Jazzakallah please help

Answer

The third divorce (Talaaq) given to you by your husband is
Talaaq-e-Mughalladhah (permanently irrevocable divorce).

You cannot live together as husband and wife until the process of Halaalah
takes place where you marry another person after the Iddat period and
consummate the marriage. If the second husband divorce you, after that
Iddat, you may remarry your former husband.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Original Source Link

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

Read answers with similar topics: