Q: My husband and I have faced many issues with our marriage, so much so that he would shout out in anger and frustration ‘divorce’ many times. A scholar advised me that he has female emotions and tendencies so the power of him giving me divorce is taken away. (He gave me the example of a woman not having the power to give divorce due to her emotions), in which case is he allowed to marry again whilst he is married to me. If he doesn’t have the power to divorce me due to his female tendencies, surely he can’t have the power to marry more than once at any given time. I would be grateful for any advise.
A: The scholar has erred in his ruling. All the talaaqs are valid. If he has issued three talaaqs or more, your nikaah with him has terminated and you are no longer halaal for him.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)