Source: Fatāwā Muḥammadiyyah, Volume 1, Page 829
My issue is that for the past three years, there have been ongoing disputes between me and my husband, Imran Aziz Qureshi (son of Abdul Aziz Qureshi). During the last one and a half years, on multiple occasions during arguments, he has said:
"I divorce you."
On one particular occasion, during a heated quarrel, he clearly said:
"I divorce you, I divorce you,"
and remained silent the third time.
A few days later, he apologized and attempted reconciliation.
About a month and a half after that, arguments started again, during which he repeatedly said:
"I divorce you."
Approximately eight months ago, during another dispute, he again declared:
"I divorce you, I divorce you."
Following this, he continued to repeat similar words once or twice almost every month.
Please provide a Sharʿī ruling according to the Ahl al-Ḥadīth viewpoint.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the account in the question is accurate, the ruling is as follows:
◈ A revocable divorce (ṭalāq rajʿī) can only occur twice.
◈ If the husband divorces twice and then reconciles twice, and issues a third divorce, that third divorce becomes final and irrevocable (ṭalāq mughallaẓah bāʾinah).
◈ After this third divorce, neither reconciliation (rujūʿ) nor remarriage is permissible unless a valid intervening marriage occurs.
Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَـٰكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
Surah al-Baqarah (2:229)
Translation:
"Divorce is twice. Then, [after that], either retain [her] in an acceptable manner or release [her] with good treatment."
"If a man divorces his wife once or twice, and she is still in her ʿiddah, he may reconcile with her with the intention of rectification and kindness. Or he may leave her until the ʿiddah ends, after which she becomes free and can marry another."
(Tafsīr Ibn Kathīr, Vol. 1, p. 292)
Allah ﷻ further states:
﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ﴾
Surah al-Baqarah (2:230)
Translation:
"And if he divorces her [for the third time], she is not lawful to him thereafter until she marries another husband. And if he [the second husband] also divorces her, then there is no blame upon [the woman and her first husband] to remarry, if they believe they can keep within the bounds of Allah."
"If a man divorces his wife a third time after previously issuing two divorces, then she becomes forbidden to him until she marries another man."
(Tafsīr Ibn Kathīr, Vol. 1, p. 292)
If this second marriage is consummated and then ends either by divorce or death — without prior agreement (ḥīlah ḥalālah) — only then may she remarry her first husband.
Prearranged ḥalālah is invalid and ḥarām.
From your account, it is evident that your husband has uttered the words of divorce more than three times on different occasions — some of them clearly, repeatedly, and consciously.
Hence, your marital bond is broken.
☞ The marriage ended the moment he issued a third divorce, after reconciling twice before.
If you are still living with him as husband and wife, then this is considered fornication (zinā) according to Islamic law.
It is obligatory upon you to:
① Immediately separate from him.
② Sincerely repent to Allah ﷻ for any intimacy or relations after the third divorce.
The issuing mufti will not be held responsible for any legal or worldly consequences.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
My issue is that for the past three years, there have been ongoing disputes between me and my husband, Imran Aziz Qureshi (son of Abdul Aziz Qureshi). During the last one and a half years, on multiple occasions during arguments, he has said:
"I divorce you."
On one particular occasion, during a heated quarrel, he clearly said:
"I divorce you, I divorce you,"
and remained silent the third time.
A few days later, he apologized and attempted reconciliation.
About a month and a half after that, arguments started again, during which he repeatedly said:
"I divorce you."
Approximately eight months ago, during another dispute, he again declared:
"I divorce you, I divorce you."
Following this, he continued to repeat similar words once or twice almost every month.
Please provide a Sharʿī ruling according to the Ahl al-Ḥadīth viewpoint.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the account in the question is accurate, the ruling is as follows:
◈ A revocable divorce (ṭalāq rajʿī) can only occur twice.
◈ If the husband divorces twice and then reconciles twice, and issues a third divorce, that third divorce becomes final and irrevocable (ṭalāq mughallaẓah bāʾinah).
◈ After this third divorce, neither reconciliation (rujūʿ) nor remarriage is permissible unless a valid intervening marriage occurs.
❖ Qur’anic Evidence:
Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَـٰكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
Surah al-Baqarah (2:229)
Translation:
"Divorce is twice. Then, [after that], either retain [her] in an acceptable manner or release [her] with good treatment."
❖ Explanation by Imām Ibn Kathīr رحمه الله:
"If a man divorces his wife once or twice, and she is still in her ʿiddah, he may reconcile with her with the intention of rectification and kindness. Or he may leave her until the ʿiddah ends, after which she becomes free and can marry another."
(Tafsīr Ibn Kathīr, Vol. 1, p. 292)
❖ Third Divorce – The Final Ruling:
Allah ﷻ further states:
﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ﴾
Surah al-Baqarah (2:230)
Translation:
"And if he divorces her [for the third time], she is not lawful to him thereafter until she marries another husband. And if he [the second husband] also divorces her, then there is no blame upon [the woman and her first husband] to remarry, if they believe they can keep within the bounds of Allah."
❖ Commentary by Imām Ibn Kathīr رحمه الله:
"If a man divorces his wife a third time after previously issuing two divorces, then she becomes forbidden to him until she marries another man."
(Tafsīr Ibn Kathīr, Vol. 1, p. 292)
If this second marriage is consummated and then ends either by divorce or death — without prior agreement (ḥīlah ḥalālah) — only then may she remarry her first husband.
Prearranged ḥalālah is invalid and ḥarām.
❖ Sharʿī Ruling in This Case:
From your account, it is evident that your husband has uttered the words of divorce more than three times on different occasions — some of them clearly, repeatedly, and consciously.
Hence, your marital bond is broken.
☞ The marriage ended the moment he issued a third divorce, after reconciling twice before.
❖ Important Consequences:
If you are still living with him as husband and wife, then this is considered fornication (zinā) according to Islamic law.
It is obligatory upon you to:
① Immediately separate from him.
② Sincerely repent to Allah ﷻ for any intimacy or relations after the third divorce.
The issuing mufti will not be held responsible for any legal or worldly consequences.
هٰذا ما عندي، والله أعلم بالصواب
