Maulana Sahab, my maternel aunt’s husband gave three talaqs to my aunt but he is a very random and confused person who is at the same time deobandi, barelvi and ahl hadees too. After giving talaq he said that he intended to give one only. After that his elder brother took a fatwa (signed) of a mufti in saudi arbia who said that it is counted once only and, therefore, now he is living with my aunt. Please tell me whether the talaq was valid? if yes then what should we do now in order to make him understand as well as the family of my aunt?
Answer
(Fatwa: 1779/D=262/K=1430)
If your aunt was divorced by her husband and he admits the same, or there are two witnesses of the talaq, your aunt will be divorced with three irrevocable talaqs, it is unlawful (haram) for them to live together, the marital relation came to a complete end. Three talaqs of one meeting take place as three. This is established by ahadith, actions and sayings of the Sahaba. This is the unanimous opinion of all the scholars of Fiqh and Hadith. Those who count such talaqs as one, they are in far deviation. The authentic ulama from Saudi Arabia also give fatwa according to the abovementioned opinion. Get the book ?Umdatul Athath fi al-Talaqat al-Thalath? (عمدۃ الاثاث فی الطلقات الثلاث) from any book depot, it contains detailed proof etc.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
