Peace on you, Respected Sir, need your opinion regarding a matter of Talaq please guide us in accordance with Quran ?o-Sunnah. Dispute between husband and wife due to unnecessary interference of in-laws and wife was favoring the in-laws instead of husband and ignoring what the husband saying to her. So husband decided to leave his wife and informed the in-laws that if they don’t stop interfering in the personal life of husband and wife and wife kept doing against the will of husband then husband has no choice but to divorce her. After informing the in-laws the husband asked a lawyer about the legal formalities of divorcing his wife and at home read the Chapter of Talq in Bahishti Zaver and in office on the internet he searched for what the Quran-o-Sunnah or Islamic view of (the Islamic Research Foundation) and (Islamic Shria Council) Second day the in-laws of that husband called him and said that don’t do any thing in haste because his wife was in state of anger and if she said some thing wrong she does not meant that. the husband agreed and said that if his wife wants to live with him then its ok with him he went to in-laws met his wife and told her that he will send his father to settle the matter or clear the maters and then when he came to take her back she must come with him and the wife agreed on this after that husband left the in-laws. Next day when husband sent his father to clear matters then same thing happened again that my in-laws influenced on my wife and she refused especially my mother in law and eldest brother in law they said to his father that their daughter/sister will not go with your Son at all when his father said that he is here to clear all the previous disputes and want to give the children a fresh chance to start the life again his wife said to his father that she will not go in his house again and she don’t want to live with him any more after that his father came back and told him that his in-laws will not send his wife and saying that they will not send her at least for two months. On this the husband went to in-laws and ask his wife (who one night ago said that she will come back when ever his asked her) to come with him but she refused to disobey her mother and brother and said she will not come on this point the husband lost his temper and said to her that if so I divorce you I divorce you I divorce you and left the house. But according to husband he never intended to divorce her three times his intention was of one divorce so his in-laws take him seriously and latter if they wants to solve the matter or his wife accept her mistake then he can take her back. According to him when he was divorcing her the Masla # 13 of Bahishti Zaver and articles on the internet he red and listened was in his mind. And now he is saying that his intention was of one not three and he is willing to testify in front of Allah. Please guide us in this matter Thanks
Answer:
(Fatwa: 958/780=H/1430)
In the above-mentioned case, three talaqs will take place and the wife will become haram. The husband will neither have right to revoke the Talaq nor to renew the Nikah. After iddah, the woman will be free to marry anyone she likes except the previous husband. It is mentioned in Bukhari 2:791. When the husband gives three talaqs, though with intention or without it, in any case Talaq Mughallazah (irrevocable talaq) will take place. (The detail is mentioned in Fatawa Shami etc).
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband