(Source: Fatawa Muhammadiyyah, Vol. 1, p. 790)
I, Abdul Aziz, son of Fola Gujjar, resident of Mohallah Dhoop Sarri, 240 Morr, Jaranwala, District Faisalabad, wish to present the following case for a Shariah ruling:
My real niece, Ms. Rabia Bibi, was married about fourteen years ago to Mr. Sardar, son of Rahma (by caste Gujjar), resident of Chak No. 86 North, Tehsil & District Sargodha.
After the marriage, she lived with her husband and fulfilled her marital duties.
However, later on, disputes and conflicts arose between them because her husband, Sardar, was of immoral character, often engaged in quarrels and behaved indecently. My niece endured hardship and poverty in that marriage for a long time.
Eventually, Mr. Sardar, in anger and aggression, beat her and verbally said three times:
“You are forbidden to me — Talaq, Talaq, Talaq,”
and then drove her out of the house.
This incident occurred about ten years ago.
I, Abdul Aziz (the real maternal uncle of Rabia Bibi), testify before Allah Almighty that this statement is true, and if there is any falsehood in it, I take full responsibility.
Witnessed and verified by:
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question is correct as presented, then without any doubt, the divorce has taken effect.
On this matter, there is no disagreement between the scholars of Ahl al-Hadith and Ahl al-Hanafi.
However, the difference of opinion lies in how to classify the triple divorce given at once:
According to Hanafi scholars, if three divorces are pronounced together, then all three take effect, resulting in talaq mughallazah bainah (an irrevocable divorce).
In this case, remarriage with the same husband is not permissible without halalah (a genuine intervening marriage).
According to Ahl al-Hadith scholars and leading researchers of Islamic law, three divorces pronounced in a single sitting are considered only one revocable (raj‘i) divorce.
In such a case, the husband may reconcile during the ‘iddah (waiting period).
After the expiry of the ‘iddah, a new nikah can be contracted without halalah.
Nevertheless, in both views, the divorce itself has occurred, and there is no disagreement on that point.
﴿ الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ﴾
(Surah al-Baqarah 2:229)
“Divorce (that is revocable) is twice; then either retain them honorably or release them kindly.”
Tafsir Ibn Kathir explains:
“If a man divorces his wife once or twice, he has the choice — as long as she is in her waiting period — either to take her back with the intention of reconciliation and kindness or to let her complete her ‘iddah, after which she becomes separated from him.”
(Tafsir Ibn Kathir, Vol. 1, p. 272)
Thus, according to the Qur’an and this tafsir, once the ‘iddah (waiting period) ends, the marriage terminates, whether it was the first or second divorce.
﴿ وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ﴾
(Surah al-Baqarah 2:228)
“Divorced women shall wait by themselves for three menstrual cycles.”
Tafsir Ibn Kathir states:
“This is Allah’s command to divorced women who have been consummated with, that they must observe a waiting period of three menstrual cycles before marrying another man. This proves that after the completion of the waiting period, the previous marriage is terminated.”
(Tafsir Ibn Kathir, Vol. 1, p. 299)
Even if the divorce is verbal, it is still legally valid according to both the Muhaddithin (Hadith scholars) and the Hanafi jurists.
Shaykh Nazeer Hussain Muhaddith Dehlavi (رحمه الله) stated:
“It is clear that whenever a husband issues a divorce to his wife according to Shariah — whether verbally or in writing — the divorce takes effect. The wife’s acceptance is not a condition for its validity.”
(Fatawa Nazeeriyyah, Vol. 3, p. 73)
Similarly, Mufti Muhammad Shafi‘ Deobandi also affirmed the validity of verbal divorce:
(Fatawa Darul Uloom Deoband, Vol. 2, p. 658)
In the present case — subject to the accuracy of the question:
Therefore, Ms. Rabia Bibi is Islamically free to marry again.
This fatwa is issued based on the accuracy of the provided information, and the Mufti holds no legal responsibility for any procedural matters.
هٰذَا مَا عِندِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears correct to me; and Allah knows best.)
❖ Question:
I, Abdul Aziz, son of Fola Gujjar, resident of Mohallah Dhoop Sarri, 240 Morr, Jaranwala, District Faisalabad, wish to present the following case for a Shariah ruling:
My real niece, Ms. Rabia Bibi, was married about fourteen years ago to Mr. Sardar, son of Rahma (by caste Gujjar), resident of Chak No. 86 North, Tehsil & District Sargodha.
After the marriage, she lived with her husband and fulfilled her marital duties.
However, later on, disputes and conflicts arose between them because her husband, Sardar, was of immoral character, often engaged in quarrels and behaved indecently. My niece endured hardship and poverty in that marriage for a long time.
Eventually, Mr. Sardar, in anger and aggression, beat her and verbally said three times:
“You are forbidden to me — Talaq, Talaq, Talaq,”
and then drove her out of the house.
This incident occurred about ten years ago.
I, Abdul Aziz (the real maternal uncle of Rabia Bibi), testify before Allah Almighty that this statement is true, and if there is any falsehood in it, I take full responsibility.
Witnessed and verified by:
- Muhammad, son of Natha, Gujjar, Chak No. 86, Tehsil & District Sargodha.
- Ghulam Muhammad, son of Abdullah, Gujjar, Chak No. 86 North, Tehsil & District Sargodha.
❖ Answer:
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question is correct as presented, then without any doubt, the divorce has taken effect.
On this matter, there is no disagreement between the scholars of Ahl al-Hadith and Ahl al-Hanafi.
However, the difference of opinion lies in how to classify the triple divorce given at once:
✿ The Hanafi View:
According to Hanafi scholars, if three divorces are pronounced together, then all three take effect, resulting in talaq mughallazah bainah (an irrevocable divorce).
In this case, remarriage with the same husband is not permissible without halalah (a genuine intervening marriage).
✿ The Ahl al-Hadith / Scholarly View:
According to Ahl al-Hadith scholars and leading researchers of Islamic law, three divorces pronounced in a single sitting are considered only one revocable (raj‘i) divorce.
In such a case, the husband may reconcile during the ‘iddah (waiting period).
After the expiry of the ‘iddah, a new nikah can be contracted without halalah.
Nevertheless, in both views, the divorce itself has occurred, and there is no disagreement on that point.
✿ Qur’anic Evidence:
﴿ الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ﴾
(Surah al-Baqarah 2:229)
“Divorce (that is revocable) is twice; then either retain them honorably or release them kindly.”
Tafsir Ibn Kathir explains:
“If a man divorces his wife once or twice, he has the choice — as long as she is in her waiting period — either to take her back with the intention of reconciliation and kindness or to let her complete her ‘iddah, after which she becomes separated from him.”
(Tafsir Ibn Kathir, Vol. 1, p. 272)
Thus, according to the Qur’an and this tafsir, once the ‘iddah (waiting period) ends, the marriage terminates, whether it was the first or second divorce.
✿ Another Qur’anic Verse:
﴿ وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ﴾
(Surah al-Baqarah 2:228)
“Divorced women shall wait by themselves for three menstrual cycles.”
Tafsir Ibn Kathir states:
“This is Allah’s command to divorced women who have been consummated with, that they must observe a waiting period of three menstrual cycles before marrying another man. This proves that after the completion of the waiting period, the previous marriage is terminated.”
(Tafsir Ibn Kathir, Vol. 1, p. 299)
✿ Ruling on Verbal Divorce:
Even if the divorce is verbal, it is still legally valid according to both the Muhaddithin (Hadith scholars) and the Hanafi jurists.
Shaykh Nazeer Hussain Muhaddith Dehlavi (رحمه الله) stated:
“It is clear that whenever a husband issues a divorce to his wife according to Shariah — whether verbally or in writing — the divorce takes effect. The wife’s acceptance is not a condition for its validity.”
(Fatawa Nazeeriyyah, Vol. 3, p. 73)
Similarly, Mufti Muhammad Shafi‘ Deobandi also affirmed the validity of verbal divorce:
(Fatawa Darul Uloom Deoband, Vol. 2, p. 658)
❖ Final Ruling:
In the present case — subject to the accuracy of the question:
- According to Ahl al-Hadith scholars, one revocable divorce has occurred.
- According to Hanafi scholars, all three divorces have taken effect.
- However, since Mr. Sardar divorced his wife ten years ago, and the ‘iddah has long passed, the marriage is no longer valid.
Therefore, Ms. Rabia Bibi is Islamically free to marry again.
This fatwa is issued based on the accuracy of the provided information, and the Mufti holds no legal responsibility for any procedural matters.
هٰذَا مَا عِندِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears correct to me; and Allah knows best.)
