The Husband leveled the Charges of Adultery against his Wife and Mother-in-law. He through his representative gave ONE DIVORCE (TALAAQ- E-RAJI) to his Wife on this ground without any evidence / proof. After about one month of ONE DIVORCE, the Wife and her father communicated him of filing the Case in the Country’s Court of Law for legalization of Divorce for reason of his failure to prove his Charges / allegations. The Husband in return REVOKED this ONE DIVORCE, keeping his Charges of Adultery against his Wife and Mother-in-law alive. The Wife and her father not responded and not accepted his revocation of ONE DIVIORCE for reason of keeping his Charges of Adultery against his Wife and Mother-in-law alive. The Husband through his representative desired reconciliation which subsequently he rejected when willingness for reconciliation was shown by the father of the girl. Thus, during the IDDAT PERIOD, no actual and true efforts were made by the Husband for reconciliation of the issues aroused due to his illegal and unjustified actions and his revocation of ONE DIVIORCE remained unacceptable. Meanwhile, the IDDAT PERIOD completed. I am the father of the girl who is in distress along with me. Given the above circumstances, I want to know in the light of Quran and Hadith as to whether the Islamic Absolute Divorce affected on the completion of IDDAT PERIOD. Jazakallah.
Answer:
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
Talaq is a very detestable act. A person should not be hasty in giving divorce. Only after using all avenues in trying to solve any dispute between the parties, then as a last resort should one only give divorce. Nabi صلىاللهعليهوسلمsaid:
عنابنعمرعنالنبيصلىاللهعليهوسلمقالأبغضالحلالإلىاللهتعالىالطلاقسننأبىداود
Of permissible acts the most hated to Allah Ta’ala is divorce. (Abu Dawood)
Accusing chaste women is indeed a very grievous sin. It is imperative for such a person to sincerely repent to Allah Ta’ala and ask those who he accused for forgiveness. Allah Ta’ala says in the Noble Quran:
والذينيرمونالمحصناتثملميأتوابأربعةشهداءفاجلدوهمثمانينجلدةولاتقبلوالهمشهادةأبداوأولئكهمالفاسقون (4) إلاالذينتابوامنبعدذلكوأصلحوافإناللهغفوررحيم (5)
Those who accuse the chaste women (of fornication), but they do not produce four witnesses, flog them with eighty stripes and do not accept their any evidence any more. They are the sinners, except those who repent afterwards and mend their ways; then, Allah is All-Forgiving, Very-Merciful. [24:4-5]
If a person issues his wife a revocable divorce (talaq rajee), and he subsequently revokes his divorce, then the divorce will be revoked irrespective of whether the wife agrees or not. Therefore, the marriage in reference is still intact.
الاختيارلتعليلالمختار – (ج 3 / ص 180( دارالارقم
(وللزوجمراجعتهافيالعدةبغيررضاها ) لماتلونا (وبعولتهنأحقبردهن[ البقرة : 228 ]) ولاخلاففيه،ولأنقولهتعالى : ( فيذلك ) أيفيالعدةلأنهامذكورةقبله،ولقولهتعالى : ( فأمسكوهنبمعروف )[ البقرة : 231 ] والمرادالرجعةلأنهذكرهبعدالطلاق،ثمقال : ( أوفارقوهنبمعروف ) [ البقرة : 231 ] ولقولهعليهالصلاةوالسلاملعمر : ‘ مرابنكفليراجعها‘ .قال : ( وتثبتالرجعةبقوله : راجعتكورجعتكورددتك،وأمسكتك ) لأنهصريحفيه.قال : ( وبكلفعلتثبتبهحرمةالمصاهرةمنالجانبين ) لقولهتعالى : ( فأمسكوهنبمعروف)
And Allah knows best
Wassalamu Alaikum
Ml. Ishaq E. Moosa,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah