1

Talaaq is not subject to the wife’s consent

Answered according to Hanafi Fiqh by Muftionline.co.za
Prev Question
Next Question

Q: My husband divorced me through signing onto the divorce papers which is a predesigned template of country law in which it is written that ‘I give my wife three written divorces’ which is then followed by such statements: I__________ divorce my wife________________ I _____ divorce my wife__________ I __________ divorce my wife________ However, the paper that he signed was of mutual understanding divorce but the divorce was not given by my consensus, therefore keeping this in mind when we got the copy of papers we got that changed and the new papers were prepared where there is no statement as ‘ I give three written divorce to my wife’. Moreover, he also said that I have given one divorce to my wife, which is true. Since he stopped talking to me before divorce (despite of my struggles to contacting him, as my rukhsati didn’t take place so we were not living together nor we consummated our marriage), there was no assurance if he had signed the papers or his mother has done it since she was against our marriage the most even though it was an arranged marriage, so my family forced him to call me and say on call and he uttered ‘you are free from my side’ and ‘ you are divorced as papers are being signed’. I want to reconcile with this relation tell me how can I do that, my husband and I had no contact since divorce and he has blocked me from everywhere also I don’t have courage to approach to him myself. Please tell me what are the rulings of Islam in this case how many divorces has taken place three or one since marriage has not been consummated. Even if three divorces has taken place what will be ruling of halala,which I know is haram.

Bismillaah

A: The divorce has taken place. The validity of divorce is not subject to your consent.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

Sidebar