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Am I Divorced?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have been married for 7 years. But during these 7 years me and my wife have been going through very hard times. We always have fights between us and she use to abuse me as well. Now the issue is that few days back during our fight, I said to her that I will bring divorce papers tomorrow and put your signature on them and I will leave you. She asked why should I put my signatures on that papers, I said “Samaj lo me tumhe talaaq de chuka ho”. I repeated the same sentence twice. And then after I said this sentence once that “me tumhe talaaq de chuka ho”. Then after, the next day, my father and my parents in law asked me that have you left your wife without someone’s pressure? And are you sure? I replied “Yes I have left her”. Please let me know in the light of Islam, whether I am divorced or not?

Bismillaah

A: Yes, since you issued three talaaqs, the three talaaqs are valid and it is no longer permissible for you both to continue living together.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I asked 3-4 muftis online and got the same answer like your’s. My father went to the Karachi Newtown Darul Iftah which is located inside New Town mosque. He discussed my issue with Muftis over there and they gave the written Fatwa that according to my words, only one talaq has taken place and I will have to make relationship with my wife with in 3 months to renew our marriage. My father and all family members forced me to accept my wife again. They brought her back to the home even I wasn’t agreed to do so. I told my parents that I have asked 3-4 muftis and all of them have said that I am divorced now, but they aren’t ready to accept it. Could you please let me know in the light of Islam what should I do? and who I should believe? Either 3-4 muftis (including you) who said that I am divorced, or the muftis of Newtown’s Darul Iftah who said that only single divorce has taken place?

Bismillaah

A: In deeni matters your deei obligation is to follow people of learning and righteousness.

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.

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