Question
Questioner: Rehmat Ali son of Gehna, tribe Mir Alam, resident of Chah Bagh Wala, village Khokhe, Tehsil Nankana, District Sheikhupura
Statement of the Situation:
I, Rehmat Ali son of Gehna, tribe Mir Alam, resident of Chah Bagh Wala village Khokhe, Tehsil Nankana, District Sheikhupura, want to ask the religious scholars a Shariah question. My daughter, Ms. Razia Bibi, was married about four years ago to Muhammad Iqbal son of Mian Mahi, tribe Mir Alam, Chak No. 545 GB, Tehsil Samundri, District Faisalabad.
Razia Bibi lived with her husband in a marital relationship for about one year, but later discord arose between them. The reason for this discord was that Muhammad Iqbal was a wayward person who often fought and used to physically abuse his wife.
During this time, Razia Bibi endured very difficult days. Eventually, Muhammad Iqbal, in the presence of witnesses, pronounced “Talaq, Talaq, Talaq” three times to his wife, divorced her, declared her unlawful for himself, and expelled her from the house.
Despite efforts for reconciliation and peace, Muhammad Iqbal did not return. Approximately three years have passed since this incident.
Now, Ms. Raziya Bibi is earning her livelihood through labor and living a helpless life.
Therefore, the question to the scholars of religion is:
Do the three verbal divorces become effective or not?
We should be given the correct answer in the light of Quran and Hadith so that we may be rewarded by Allah.
If any falsehood is proven in this statement, the questioner himself will be responsible.
Verification
We, the verifiers, confirm this question word for word that the question is completely correct.
If it is ever proven wrong, we, the verifiers, will be responsible for it.
It is appropriate for us to be given a Shariah ruling.
Verifiers:
➊ Hamid Ali son of Lal Muhammad, Bhatti tribe, village Khoke, Tehsil Nankana.
➋ Muhammad Naeem son of Ali, Mir Alam tribe, resident of Chah Bagh Wala, village Khoke, Tehsil Nankana, District Sheikhupura.
Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
According to the situation described in the question, the divorce has already taken place, and there is no disagreement between the Scholars of Ahl al-Hadith and the Scholars of the Hanafi school on this matter.
However, the disagreement is regarding:
✿ According to the Scholars of the Hanafi school, the three divorces given in one sitting are considered complete and final and irrevocable.
In this case, reconciliation without Halala is not possible.
✿ Whereas according to the Scholars of Ahl al-Hadith and Islamic jurists, the three divorces given simultaneously are considered one revocable divorce in Shariah.
In this situation, the husband retains the right of reconciliation during the waiting period (iddah),
and after the waiting period ends, remarriage without Halala is permitted.
However, in this specific case, all scholars agree that the divorce has taken place.
Qur’anic Evidence
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
“(A revocable) divorce is twice; then either keep [her] in an acceptable manner or release [her] with good treatment.”
Tafsir Ibn Kathir
أَيْ إِذَا طَلَّقْتَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ، فَأَنْتَ مُخَيَّرٌ فِيهَا مَا دَامَتْ عِدَّتُهَا بَاقِيَةً، بَيْنَ أَنْ تَرُدَّهَا إِلَيْكَ نَاوِيًا الْإِصْلَاحَ بِهَا وَالْإِحْسَانَ إِلَيْهَا، وَبَيْنَ أَنْ تَتْرُكَهَا حَتَّى تَنْقَضِيَ عِدَّتُهَا، فَتَبِينَ مِنْكَ،
Explanation:
When a husband gives his wife one or two divorces, during the waiting period (iddah) he has the option to reconcile in good faith and restore the marital life, or let the iddah complete so that the woman becomes separated from him.
Another Quranic Verse
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
“And divorced women shall wait concerning themselves for three menstrual periods (i.e., not marry).”
Tafsir Ibn Kathir
هَذَا الْأَمْرُ مِنَ اللَّهِ سُبْحَانَهُ وَتَعَالَى لِلْمُطَلَّقَاتِ الْمَدْخُولِ بِهِنَّ مِنْ ذَوَاتِ الْأَقْرَاءِ، بِأَنْ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ، أَيْ: بِأَنْ تَمْكُثَ إِحْدَاهُنَّ بَعْدَ طَلَاقِ زَوْجِهَا لَهَا ثَلَاثَةَ قُرُوءٍ؛ ثُمَّ تَتَزَوَّجَ إِنَّ شَاءَتْ،
Explanation:
Allah Almighty has commanded divorced women not to marry another person before the completion of three menstrual cycles.
This verse makes it clear that the marriage contract automatically ends upon completion of the iddah.
Occurrence of Verbal Divorce
If the divorce is given verbally or in writing, in both cases the divorce takes effect.
There is consensus among all scholars on this.
In Fatawa Nuzariyah it is stated:
“It should be clear that when a husband gives divorce to his wife according to Shariah, whether verbally or in writing, the divorce will definitely take place.
The wife’s consent or lack thereof does not affect the occurrence of the divorce.”
Similarly, Mufti Muhammad Shafi Hanafi (Darul Uloom Karachi) also believes in the occurrence of verbal divorce.
Shariah Ruling
In this case:
✿ According to Ahl al-Hadith:
All three words of divorce will be considered one revocable divorce.
✿ According to Hanafis:
All three divorces have fully occurred as final irrevocable divorces.
However, since Muhammad Iqbal gave divorce to his wife Razia Bibi three years ago, therefore the waiting period (iddah) has passed and the marriage has legally ended according to Shariah.
Therefore:
Razia Bibi has the Shariah right to remarry,
however, it is necessary to obtain legal permission from the competent officer.
The Mufti will not be responsible for any legal aspects.
ھذا ما عندي واللہ أعلم بالصواب
