I am Qamaruz Zamaan from Narwal district going to describe to you the incident of the divorce of my sister. My sister was married to Muhammad Adnan of Pasrur and they have a daughter from this marriage. Adnad works in Muscat. In February end, my sister went to Shakar Garh to see her older sister where she had a dispute with Adnan on phone call due to some reason. He said to her “I am giving you Talaq Talaq Talaq” and my sister started crying after this. My other sister asked her about the reason so she said that Adnan had divorced her. After a while, Adnad called her on phone and said that he had not given her divorce, he was only threatening her. They again resumed remaining in contact. She came to our home and after 15-16 days they both again had a quarrel and again he said “Talaq Talaq Talaq” to her and she started crying. After half an hour he called again and repeated the same thing that he was only trying to frighten her. My sister did not inform any of us about it and she went back to her husband’s home. After that, during the month of Ramazan one of the relatives of Adnan died. We went there and prayed funeral prayere and then we returned. After it we went to our sister to give her ‘Eid gift and then we went to the deceased home and returned back after sitting for some time. The same night Adnan called his family members and they told him that his in-laws did not perform Fatiha at the deceased person’s home. Because of that, Adnad again had quarrel with my sister and he again said “Talaq Talaq Talaq” to her. She called us and we brought her back the same night. From that day up till this time, Adnan is saying that he has not given the divorce. Initially our sister used to say that he has given triple Talaq to her three times but now she is saying that she was mistaken in hearing and he was probably saying it to frighten her that he will give her divorce.
I request respected scholars to guide us, in the light of Islam, on how to solve this situation so that we will not be blameworthy in the sight of Allah.
- Based on the description given in the question we are able to understand that the Talaq has been given three times in three different occasions. Therefore, their Nikah has ended now and they are no more husband and wife to each others. However, since the right to give Talaq is solely for the husband, therefore, if he is saying that he has not given the Talaq and that he was only saying, “I will give you Talaq,” only to threaten her and he did not say, “I am giving you Talaq,” then, in such condition, the claim of the husband has to be accepted, especially when the wife is also saying that he has not given the Talaq rather she mistakenly took the threat of Talaq as the Talaq itself. In this condition divorce has not occurred. Whether the man and the woman are speaking truth or not is a matter for which they shall be answerable to Allah.
- Marriage is a sacred Islamic relationship and the divorce is a mean to be freed from it in case of necessity. Therefore it is inappropriate to misuse Islamic teachings and terminologies just to threaten or frighten someone. Those who announce triple Talaq on every petty issue are as if they are making mockery of the laws made by Allah. May Allah show the right path to all of us.
- Anger or happiness are part of every human being, but as a good Muslim and a responsible human being we should have control over ourselves to the extent that we do not commit any irrevocable act for which we would have to regret in future. If we find that we are not having control on ourselves then we should try to find the cause of it. Indeed there may be some physical, psychological or spiritual reason for it due to which a person is overcame by the Satan to such an extent that he never thinks before expressing hatred and to dissociate from his beloved and relatives with whom his whole life is attached.
- Wherever human live the disagreement is bound to happen. But our disagreements reach to this level only because we are going far from the teachings of Islam and we show negligence in remembrance and worship of Allah. Because of that Allah changes our happy life into the difficult one. If we want that our household matters and our relations with our kin and the disagreement with them remains to a moderate level then it is necessary for us to remove all these shortcomings from ourselves.
- We request the questioner to sit with the man and the woman and advice them. Explain to them the importance of marriage and divorce and confirm from them if in reality the Talaq was given or not. Tell them that speaking lie in this matter is a crime. If they confess that the Talaq was really uttered then they should be separated immediately because with the proclamation of the three Talaq the man has no right to do Ruju’ or to renew the marriage, except when the woman is married to some other man and so after the death of her husband or Talaq from him, the woman agrees to marry his earlier husband again. If they say that the Talaq was not given then thank Allah for that and give them advice on how to live life like a good husband and wife.
[To know more about the matter of divorce one may also refer to Fatwa no. 9,8 and 11.]
His excellence Shaykh Abu Muhammad AbdusSattar Hammad (President of the Lajnah)
His excellence Shaykh Abdul Haleem Bilal (may Allah preserve him)
His excellence Shaykh Javed Iqbal Sialkoti (may Allah preserve him)
This is a translation of the original text of the fatwa which was issued in the Urdu language.