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Can the woman legally separate from her husband after he falsely claimed to have divorced her years ago?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
A man in range and anger said “mene tujhe talaq di”. He said it three times and went out. He told this to his friends outside. He came back home and said that he was in anger so he said that and was being sorry to his wife. His wife wanted to consult some Molvi and Alim but he refused and had sex that very night. Was this halal even though he went and told it outside? The man never let his wife say about talaq to anyone but after some years he again told around that he have divorced his wife long back but he just let her stay with him. During these years they had one more daughter but he yet did not say anything to his wife and kept on living a married life but soon people started torturing her thinking that she is living with a man who has divorced her. Now when she was aware of what her husband did she is staying separately with her kids but now again that man want to live with this lady whereas she is not willing. Are they wife and husband even now? Is this man punishable? These years the man has tortured the lady to death. Cant she live a better life?


(Fatwa: 790/766/N=1433)

Talaq also takes place in anger which is mentioned the question. Hence if the person mentioned in the question has divorced his wife in the state of anger thrice then all the three talaqs took place without any doubt. She became haram for him. After the talaq took place they lived together for a period they did severe sin and committed unlawful and haram act. It is wajib for them to do true taubah and istighfar. And there is no way for the wife to be halal for the person without a Shariah halalah. Almighty Allah says in the holy Quran:
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ [البقرة : 230]
و فى الفتاوى الهندية (كتاب الطلاق باب فى الرجعة فصل في ما تحل به المطلقة و ما يتصل به 1: 473): وإن كان الطلاق ثلاثا فى الحرة …… لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنهما كذا فى الهداية اهـ

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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