Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 797
Questioner:
Mushtaq Ahmad, son of Haji Khan Muhammad, of the Kharal tribe, resident of Chak No. 352, Tehsil Jaranwala, District Faisalabad.
I, Mushtaq Ahmad, wish to present a Sharʿī (Islamic legal) question before the scholars. The issue is as follows:
Approximately nine years ago, Jannat Bibi, daughter of the late Sher Muhammad of the Nagi tribe, resident of Village Patlay Chak No. 356, Tehsil Jaranwala, District Faisalabad, was married to Mahabat Ali, son of Wasaya, also of the Nagi tribe, resident of Village No. 354 Roṛi, Tehsil Jaranwala, District Faisalabad.
Jannat Bibi lived with her husband and fulfilled the marital rights. However, after some time, discord arose between them because Mahabat Ali was a man of immoral habits and quarrelsome nature. The elders of the community repeatedly attempted reconciliation, but he did not heed anyone’s advice. Eventually, he drove his wife out of the house and verbally pronounced three times, “Ṭalāq, Ṭalāq, Ṭalāq,” thereby divorcing her. After that, he locked the doors of his house and falsely accused his wife of misconduct.
Now, three years have passed. Jannat Bibi has been living at her father’s home, sustaining herself through hard labor. She has one younger brother, about 11 years of age, who is unable to support her. Apart from that, she has no guardian or caretaker.
What should I do now according to Sharīʿah, as my husband pronounced “three divorces” and expelled me from the house?
Kindly provide a Sharʿī ruling so that we may act in accordance with Allah’s guidance.
(The questioner herself is responsible for the truthfulness of her statement.)
Questioners:
Mushtaq Ahmad and Jannat Bibi, residents of Chak No. 356 G.B.
We hereby confirm word for word that the above statement is true and based on reality. If it is proven false, we ourselves shall be held accountable.
It is therefore appropriate that a Sharʿī verdict be issued on this matter.
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
If the question is authentic, then in the described case, the divorce has indeed taken effect.
On this issue, there is no disagreement between the scholars of Ahl al-Ḥadīth and the Ḥanafī scholars regarding the occurrence of divorce.
However, the difference lies in the number of divorces that take effect:
① According to the Ḥanafī scholars:
If three divorces are pronounced together, all three take effect, and it becomes a ṭalāq mughallaẓah (irrevocable major divorce). In this case, remarriage is not permissible without ḥalālah (i.e., she must lawfully marry and be divorced by another man first).
② According to the scholars of Ahl al-Ḥadīth and the researchers among the jurists:
Three divorces pronounced together count as one revocable (rajʿī) divorce.
The husband may take his wife back during her waiting period (ʿiddah), and if the ʿiddah has passed, they may remarry with a new nikāḥ — without requiring ḥalālah.
Nevertheless, according to both schools, divorce has certainly occurred.
① Sūrah al-Baqarah, verse 229
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍۗ
(al-Baqarah: 229)
Translation:
“(A revocable) divorce is twice. Then, either retain them honorably or release them with kindness.”
Tafsīr Ibn Kathīr:
أَيْ: إِذَا طَلَّقْتَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ، فَأَنْتَ مُخَيَّرٌ فِيهَا مَا دَامَتْ عِدَّتُهَا بَاقِيَةً...
Meaning: If a man has divorced his wife once or twice, he has the choice, during her waiting period (ʿiddah), either to take her back with good intention and kindness, or to let her go until the ʿiddah ends, after which the marriage bond is dissolved.
From this, it is clear that once the ʿiddah ends, the marriage terminates — whether it was the first or second (revocable) divorce.
② Sūrah al-Baqarah, verse 228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوءٍۢ...
(al-Baqarah: 228)
Translation:
“And the divorced women shall wait concerning themselves for three menstrual cycles.”
Tafsīr Ibn Kathīr:
...بِأَنْ تَمْكُثَ إِحْدَاهُنَّ بَعْدَ طَلَاقِ زَوْجِهَا لَهَا ثَلَاثَةَ قُرُوءٍ؛ ثُمَّ تَتَزَوَّجَ إِنَّ شَاءَتْ
Meaning: Those women who have been divorced after consummation must observe a waiting period of three menstrual cycles. Thereafter, if they wish, they may remarry.
This again proves that when the ʿiddah concludes, the marital bond ends.
If the husband has verbally pronounced three divorces, then divorce certainly takes effect —
this is agreed upon by both the Muḥaddithīn and the Ḥanafī jurists.
Fatāwā Nadhīriyyah states:
“When the husband issues divorce according to the Sharīʿah, whether verbally or in writing, the divorce occurs regardless of the wife’s consent. The wife’s approval is not a condition for its validity.”
Mufti Muhammad Shafiʿ (Ḥanafī, Karachi) also affirmed the occurrence of verbal divorce.
In the present case, assuming the information is true:
✿ According to Ahl al-Ḥadīth: Only one revocable (rajʿī) divorce has taken place.
✿ According to the Ḥanafīs: All three divorces have taken effect (ṭalāq mughallaẓah).
However, as mentioned, three years have already passed since the divorce, and thus the ʿiddah period is long over.
Therefore, according to Sharīʿah, the marriage has ended.
Jannat Bibi is now free to remarry whomever she wishes through a valid Sharʿī nikāḥ — even to her former husband, if ḥalālah is not required (per the Ahl al-Ḥadīth view).
However, legal documentation and attestation through an authorized officer must be completed.
The Mufti shall not be responsible for any legal technicalities.
ھذا ما عندي واللّٰه أعلمُ بالصواب
“This is what I hold, and Allah knows best what is correct.”
❖ Question
Questioner:
Mushtaq Ahmad, son of Haji Khan Muhammad, of the Kharal tribe, resident of Chak No. 352, Tehsil Jaranwala, District Faisalabad.
❖ Details of the Issue
I, Mushtaq Ahmad, wish to present a Sharʿī (Islamic legal) question before the scholars. The issue is as follows:
Approximately nine years ago, Jannat Bibi, daughter of the late Sher Muhammad of the Nagi tribe, resident of Village Patlay Chak No. 356, Tehsil Jaranwala, District Faisalabad, was married to Mahabat Ali, son of Wasaya, also of the Nagi tribe, resident of Village No. 354 Roṛi, Tehsil Jaranwala, District Faisalabad.
Jannat Bibi lived with her husband and fulfilled the marital rights. However, after some time, discord arose between them because Mahabat Ali was a man of immoral habits and quarrelsome nature. The elders of the community repeatedly attempted reconciliation, but he did not heed anyone’s advice. Eventually, he drove his wife out of the house and verbally pronounced three times, “Ṭalāq, Ṭalāq, Ṭalāq,” thereby divorcing her. After that, he locked the doors of his house and falsely accused his wife of misconduct.
Now, three years have passed. Jannat Bibi has been living at her father’s home, sustaining herself through hard labor. She has one younger brother, about 11 years of age, who is unable to support her. Apart from that, she has no guardian or caretaker.
❖ Question
What should I do now according to Sharīʿah, as my husband pronounced “three divorces” and expelled me from the house?
Kindly provide a Sharʿī ruling so that we may act in accordance with Allah’s guidance.
(The questioner herself is responsible for the truthfulness of her statement.)
Questioners:
Mushtaq Ahmad and Jannat Bibi, residents of Chak No. 356 G.B.
❖ Verification
We hereby confirm word for word that the above statement is true and based on reality. If it is proven false, we ourselves shall be held accountable.
It is therefore appropriate that a Sharʿī verdict be issued on this matter.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
If the question is authentic, then in the described case, the divorce has indeed taken effect.
On this issue, there is no disagreement between the scholars of Ahl al-Ḥadīth and the Ḥanafī scholars regarding the occurrence of divorce.
However, the difference lies in the number of divorces that take effect:
✿ Differences of Scholarly Opinion
① According to the Ḥanafī scholars:
If three divorces are pronounced together, all three take effect, and it becomes a ṭalāq mughallaẓah (irrevocable major divorce). In this case, remarriage is not permissible without ḥalālah (i.e., she must lawfully marry and be divorced by another man first).
② According to the scholars of Ahl al-Ḥadīth and the researchers among the jurists:
Three divorces pronounced together count as one revocable (rajʿī) divorce.
The husband may take his wife back during her waiting period (ʿiddah), and if the ʿiddah has passed, they may remarry with a new nikāḥ — without requiring ḥalālah.
Nevertheless, according to both schools, divorce has certainly occurred.
❖ Qurʾānic Evidences
① Sūrah al-Baqarah, verse 229
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍۗ
(al-Baqarah: 229)
Translation:
“(A revocable) divorce is twice. Then, either retain them honorably or release them with kindness.”
Tafsīr Ibn Kathīr:
أَيْ: إِذَا طَلَّقْتَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ، فَأَنْتَ مُخَيَّرٌ فِيهَا مَا دَامَتْ عِدَّتُهَا بَاقِيَةً...
Meaning: If a man has divorced his wife once or twice, he has the choice, during her waiting period (ʿiddah), either to take her back with good intention and kindness, or to let her go until the ʿiddah ends, after which the marriage bond is dissolved.
From this, it is clear that once the ʿiddah ends, the marriage terminates — whether it was the first or second (revocable) divorce.
② Sūrah al-Baqarah, verse 228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوءٍۢ...
(al-Baqarah: 228)
Translation:
“And the divorced women shall wait concerning themselves for three menstrual cycles.”
Tafsīr Ibn Kathīr:
...بِأَنْ تَمْكُثَ إِحْدَاهُنَّ بَعْدَ طَلَاقِ زَوْجِهَا لَهَا ثَلَاثَةَ قُرُوءٍ؛ ثُمَّ تَتَزَوَّجَ إِنَّ شَاءَتْ
Meaning: Those women who have been divorced after consummation must observe a waiting period of three menstrual cycles. Thereafter, if they wish, they may remarry.
This again proves that when the ʿiddah concludes, the marital bond ends.
❖ Ruling on Verbal Divorce
If the husband has verbally pronounced three divorces, then divorce certainly takes effect —
this is agreed upon by both the Muḥaddithīn and the Ḥanafī jurists.
Fatāwā Nadhīriyyah states:
“When the husband issues divorce according to the Sharīʿah, whether verbally or in writing, the divorce occurs regardless of the wife’s consent. The wife’s approval is not a condition for its validity.”
Mufti Muhammad Shafiʿ (Ḥanafī, Karachi) also affirmed the occurrence of verbal divorce.
❖ Final Verdict
In the present case, assuming the information is true:
✿ According to Ahl al-Ḥadīth: Only one revocable (rajʿī) divorce has taken place.
✿ According to the Ḥanafīs: All three divorces have taken effect (ṭalāq mughallaẓah).
However, as mentioned, three years have already passed since the divorce, and thus the ʿiddah period is long over.
Therefore, according to Sharīʿah, the marriage has ended.
Jannat Bibi is now free to remarry whomever she wishes through a valid Sharʿī nikāḥ — even to her former husband, if ḥalālah is not required (per the Ahl al-Ḥadīth view).
However, legal documentation and attestation through an authorized officer must be completed.
The Mufti shall not be responsible for any legal technicalities.
❖ Conclusion
ھذا ما عندي واللّٰه أعلمُ بالصواب
“This is what I hold, and Allah knows best what is correct.”
