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Need Help Regarding One Time Divorce

Answered according to Hanafi Fiqh by Fatwaa.com

Assalam-o-alaikum..my name is (removed for pricacy) from (removed..i get married in (removed)..and due to some personal issue i wrote on the paper (i set you free from this relation..wrote 3 times)..and give it to my wife..but i didnt used divorce word..and after this we stayed together for 4 months..now i want to ask you is this considered as divorce? please help me regarding this matter..JazakAllah..

Answer

Wa’alaykum as Salām wa rahmatullāhi wa barakātuhu,

In the current scenario, the words and circumstances are indicative of Talāq; hence, three Talāqs have occurred and the marriage has terminated.

Nikāh with her would only be possible if she so desires, provided that she would have completed the necessary Iddah period, and in the event where she marries another man and consummates the marriage, and he (the second husband) divorces her and she completes the necessary Iddah period as a result thereof.

Furthermore, since the Nikāh had terminated and you have continued living with her unlawfully, we advise that you seek forgiveness from Allāh with the hope that, In Shā Allāh, you will be forgiven.

We ask Allāh to ease your affairs and grant that which is best for you.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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