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Has divorce taken place in such a situation?

Answered as per Hanafi Fiqh by Askimam.org

 I am a sunni Muslim following Hanafi rules. 3 years back I told my wife “I divorce you” three times at once in sound mind. We live in one house and Since then we have never been sleeping together and never involved sexually. She thinks that divorce has occurred and it is haram so we never touched each other. Kindly clarify if the divorce has taken place or not. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The three divorces issued by you constitute talāq mughallazah (permanently irrevocable divorce)[1] and the ‘iddah has also expired.[2] It is incorrect for both of you to be living in one house. As such, you should live separate immediately. You may only remarry her if she consummates her marriage with another man and observes the ‘iddah after he divorces her.[3]

And Allah Ta’āla Knows Best

Hisham Dawood

Student, Darul Iftaa
Chicago, USA

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net


[1]

 كرر لفظ الطلاق وقع الكل (الدر المختار ج-٣ ص-٢٩٣، سعيد)

[2]

 البقرة :٢٢٨

[3]

 البقرة :٢٣٠

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

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