My nikah was solemnized a year before on the 27th of March 2011. But this marriage was not consummated. At the time of nikah, my wife was in Saudi Arabia and I did the nikah on power of attorney sent by her. At the time of nikkah, her father and brother were available with me. My family was against this marriage because my wife took khula 5 years before with her ex-husband. She also has 2 children. My wife is 9 years older than me but as per the Islam, age does not matter.
I married her on my own will and wish. After the nikkah I came back to Dubai. We had never met until now but due to the unavoidable circumstances, I sent her a divorce declaration on the 24th of January 2011 on her address to India.
Now, when she returned from Saudi Arabia to India, she was surprised with my decision.
This divorce declaration which was prepared by my family members mentions that I do hereby pronounce divorce [divorce three times] to my wife “name” in the presence of two witnesses. This was signed and sent to India but I never verbally said these words. I didn’t know the procedure of talaq at that time. May Allah forgive me. Now I feel very sad for what I have done. I spoke to many people in India. There are telling me that I need to do halala. This is not possible in any case.
My question is:
Q1. Is the procedure of divorce the same as a normal case since this marriage was not consummated?
Q2. In this case, is divorce effective or will it be considered as a triple divorce?
Q3. If it’s on divorce effective, can I remarry with the same person without any intervening marriage?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
There seems to be some ambiguity and inconsistency in your query. In order for us to issue a Fatwa, please clarify on the following:
1. Which country where you in when your nikāh was taking place? Saudi Arabia or Dubai?
2. Why did you send the divorce declaration to her address in India when she was in Saudi Arabia?
3. Was the divorce declaration prepared on your command or did your family members prepare it without your recognition?
4. If the divorce declaration was prepared with your recognition, was it written with your consent and happiness or was it compelled upon you?
5. Who signed the divorce declaration? You or your family members?
Please send your query to: [email protected]
And Allah Ta’āla Knows Best
Mawlana Abdul Hannan Nizami,
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.