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Suspended talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a man divorces his wife for the frst time but then they reunite and every thing sorted out. Again after a period of time they again got divorced and again they remarry and everything sorted out but the third time if a man asked his wife that he is going abroad and not to go out without his permission otherwise it’ll be considered a divorce. So now is it considered a final divorce? I mean if in this situation is it considered 3 divorces at a time because she went out without his permission… and if both are willing to live together for the sake of children is it possible for them to do so without ‘halaala’. Kindly can I get your copy of fatwa regarding this as it is a serious domestic issue. 

Bismillaah

A: Since he had suspended the third talaaq upon a condition (i.e. her coming out without his permission) the third talaaq had taken place when the condition was found. Hence, when three talaaqs have taken place, the nikaah has terminated and it is no longer permissible for them both to live together.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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