Can someone please guide me here. A friend of mine is 2 months pregnant, her husband in anger gave her three times talaaq in one go few days back. He direclty told she is not more my wife and take her back. Just wanted to confirm if this is considered as divorce or there are still any chance to come back.
Re: URGENT HELP NEEDED
depends which fiqh she follows. in Hanafii maslak 3 talaqs given at the same time is considered absolute talaaq [talaaq-e-muGhallizah] and reconciliation is NOT possible without Halaalah but in other fiqh 3 talaaqs is still counted as ONE. they believe the right way to divorce is ONE talaaq during each menstrual period but the THIRD talaaq is automatic if he doesn’t utter the word ‘talaaq’ and he lets lapse the whole month without reconciling. in that case, if he reconciles before the third talaaq, the couple just have to REFRESH their nikaah.
since Allah does NOT wish to impose undue difficulties for Muslims and also since Allah says that He does NOT put MORE weight/responsibilities on his/her shoulder that he/she is capable of carrying, 'Umlema say that if there is vital constraints [bunyaadii tangii] then he she switch back N forth between fiqhs.
imho, she should consider these 3 talaaqs as ONE and she should reconcile with him if he is willing to.
May Allah help the lady and her husband and children [if any]…aameen
Re: URGENT HELP NEEDED
You need to speak to an alim, official mufti, in person belonging to your [exact] sect.
If any one of the above is not followed you may get get wrong advice
speak to your Mosque Imam but request you are sent to an alim
Re: URGENT HELP NEEDED
btw, OP is asking for opinions and NOT fatwa.
Re: URGENT HELP NEEDED
op is asking for URGENT HELP
I assume he or she needs exact and precise Islamic help
Not guesses or general positions on a subject
Exact, precise to the case, and Correct
Re: URGENT HELP NEEDED
of course no one will take a religious decision without consulting any 'aalim-e-deen. here, we are giving our opinions about the case so when she goes to an 'aalim what she could discuss points raised here on GS.
well, you got an opinion so do i. thank you.
Re: URGENT HELP NEEDED
Sir G… app jo kehna cha rhay hian.. woh Xoofi nay nahi pocha… Hamal kay doran talaq nahi de jati hia…iskay maslay alga hian
@Xoofi you should ask this question to scholar.
Re: URGENT HELP NEEDED
Please take these matters to the local Islamic center and Muslim social services center for better advice…if you really care for these individuals and want to treat their matter seriously.
Re: URGENT HELP NEEDED
I agree with Vroom and Bidga bhai.
Just to clarify one thing that her being pregnant has nothing to do with the validity of Talaq. Talaq can be given in any circumstances. The main question is whether the act is considered one talaq or three
Just wanted to add that there is no such thing as a “Halaala” in Islam. It’s a South Asian innovation. In Islam once divorced, a woman is not supposed to do another Nikkah with the “intention” of getting Talaaq again just so she can get back with her former husband. Yeah if the woman had remarried & that marriage had not worked out & then later on by chance she met her first husband again then she can remarry him if she decides to.
But doing a second Nikkah just to get divorced again to remarry the first husband is not an Islamic practice. Its a digusting practice preached by the misinformed Maulvis or in some cases even Muftis. This whole do “Halaala” because the husband gave Talaaq in the heat of the moment & now regrets it but the only way they can get back together is if she gets a temporary Nikkah done, sleeps with the second guy, gets divorced again & THEN get back to first husband is as I said absolutely disgusting & not In Islam.
Some people say it’s too punish the husband to let him know that decisions made in haste are not the right ones & now it’s his punishment that his woman will sleep with someone else & THEN he will have to take her up again. What these sorry pieces of existence don’t think is what about the woman. What was her fault in all of this.
I can’t say much on the ruling of whether the Talaaq is in effect or not. Only a scholar can guide you but please do not let anyone tell your friend that she can do Halaala to “save” her marriage. If this Talaaq indeed did happen then the marriage is already ruined. There is no saving it. There is a reason anger is Haraam in Islam & again Halaala is not an Islamic practice.
Also since she is 2 months pregnant if the Talaaq gets confirmed then she won’t have to sit in “Iddat” for 40 days. According to Islam whether the baby lives with the husband or not the father is still responsible for child support, including her pregnancy related expenses.
Re: URGENT HELP NEEDED
of course it does exist. Halaala, the way is done these days, is FRAUD/CHEATING and it’s a way to deceive Allah [na’oozo bi(A)llah]
Halaala means if it all happens ‘NATURALLY’ without any interference of deal/manipulation etc.
Halaala is VALID if she marries another man and he has husband-N-wife relationship [NOT necessarily intercourse] and if he divorces her with his own free will without making any deals [comes naturally] and she goes through 'iddat then she becomes Halaal for her ex-husband to re-marry her by doing another nikaah.
pregnancy plays no role in a divorce. she should be taken care of her ex-husband monetarily…[naan nafqa of the divorced wife is on the ex.]
Correct me if I am wrong but in your first post you said reconciliation is possible if they do Halaala. This “they” do Halaala doesn’t sound right unless you clarify it the way you did in your second post. Even if the second husband knows that the divorced woman is temporarily marrying him so she can reconcile with her first husband & he is completely okay with giving her “talaaq” just so she can get back with her first husband, it’s not right. You are not supposed to do that. In Islam you are not supposed to marry with the “neeyat” of breaking the Nikkah. “Naturally” no two people marry with the intention of getting divorced. They marry with the intention of living together forever as long as they are alive.
Reconciliation is not possible BECAUSE of Halaala. Reconciliation IS Halaala & reconciliation can happen 5,10, 15 20 years down the road but not oh you gave me divorce because you got super mad & oh my gosh what are we going to do now because you clearly love me but you were just being an ignorant jerk in the moment so you uttered those words. Let’s do Halaala so we can get back together. This is an absolutely wrong concept & completely unIslamic.
And it’s not about “these days”. This filthy practice has been done in the name of Islam for a very long time in South Asia.
Just to add a woman has to go through Iddat whether she gets divorced or gets widowed & Iddat is only meant for woman who can bear a child. Since early signs of pregnancy usually occur within the first 40 days, the Iddat period is to make sure she is not pregnant. The Iddat bit came in effect to protect the woman because in old times since women were allowed to step outside right after divorce or being widowed, sometimes when they would get pregnant, in the case of divorce , their former husbands also the father of the child would deny being the father to avoid child support & in turn put the woman’s character in question & in a widow’s case the family of the dead husband would deny any relationship with the baby again to not bear any responsibility for the baby putting woman’s character in question. Or society in general would question her morality so Iddat protects her from all the emotional pain & to confirm that if there is indeed a child. It was conceived during the time there was a marriage or the husband was alive.
URGENT HELP NEEDED
Very informative stuff abt Halala. I hope your friend is able to make a sound decision.