I need your suggestion and guidance over issue of talaq between my elder sister and her husband, to put the whole incidence in short. My sister got married to my brother-in-law 2 and half years ago and has no children yet, after marriage. We came to know that he was habitual to alcohol. Now recently after getting drunk my brother-in-law told following sentences to my sister on mobile cell phone: “Mein Tujhey Divorce deta hun, tujhey talaq deta hun teen bar talaq, talaq, talaq” (In English it means: I am divorcing with you, I am divorcing with You three times, divorce, divorce, divorce). But now he is feeling guilty and want to resolve. So can you please elaborate in the light of Shariah (Islamic Law): (1) Whether these sentences will be considered as a talaq? (2) If answer is a yes, then please guide us further, “what to do next in these circumstances”? I and my family will be grateful to you.
Answer
(Fatwa: 37/31/N=1433)
(1) In case the question is correct three talaqs took place on your sister and she became haram for her husband. Now she cannot marry your bahnoi (brother-in-law) without a valid halalah because talaq takes place by mobile and in the state of drunkenness.
(2) After the iddah is over the divorced woman should be married somewhere else. In this case her nikah with your bahnoi is not lawful in any way. Yes, if the second husband dies or he divorces her after having marital relations then after completing iddah she may marry her first husband.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband