If a husband receives an official form from the court on which is written the words “I divorce my wife” and he signs it, is that counted as a divorce?
Yes, this is a divorce if the name of the wife is written on the form.
I divorced my wife about eight years ago. When I asked the qaadi to record the divorce I said: “I divorce my wife So and so the daughter of So and so three times.” When I did that I knew what he had written down because I am an educated man, but when the scribe wrote it down in the records, he wrote it as one divorce. This gave my wife the hope that I would take her back and she has not remarried until now… Now I want to take her back, and her family also wants that.
Should I go against my intention and proceed on the basis of what is written in the records or not?.
The scholars differed concerning the ruling on one who divorces his wife by saying “I divorce you thrice”. The majority of scholars are of the view that this means that divorce has taken place three times; others are of the view that divorce takes place only once.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked:
A man divorced his wife by saying “I divorce you thrice”; what is the ruling on that?
He replied:
If a man divorces his wife three times with one word, such as saying, “You are thrice divorced”, the majority of scholars are of the view that the woman is indeed thrice divorced and becomes forbidden for her husband until she has been married to another man in a serious marriage in which the new husband has intercourse with her and they only separate as a result of death or divorce, not a tahleel marriage (i.e., a marriage of convenience aimed at making it permissible for her to remarry her former husband).
They quoted as evidence for that the fact that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) counted such a divorce as being three and judged among people accordingly.
Other scholars were of the view that this is to be regarded as a single divorce, and the husband may take her back so long as the ‘iddah has not yet ended. If the ‘iddah has ended then she may marry him with a new marriage contract. They quoted as evidence for that the report narrated in Saheeh Muslim from Ibn ‘Abbaas (may Allaah be pleased with him) who said: “At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), the time of Abu Bakr (may Allaah be pleased with him) and the first two years of the caliphate of ‘Umar (may Allaah be pleased with him), a threefold divorce was counted as one. ‘Umar said: “People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly .” According to another report narrated by Muslim: Abu’l-Sahba’ said to Ibn ‘Abbaas (may Allaah be pleased with them): “Was not three counted as one at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the time of Abu Bakr (may Allaah be pleased with him) and the first three years of the time of ‘Umar (may Allaah be pleased with him)?” He said: “Yes,”
They also quote as evidence the report narrated by Imam Ahmad in al-Musnad with a jayyid isnaad from Ibn ‘Abbaas (may Allaah be pleased with him), that Abu Rakaanah divorced his wife by saying “I divorce you thrice”, then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) returned her to him with one word and said, “This is only one (divorce).” This hadeeth and the one before it are to be understood as referring to divorcing by saying “I divorce you thrice”, in order to reconcile these two hadeeths and the verse in which Allaah says (interpretation of the meaning):
“The divorce is twice”
[al-Baqarah 2:229]
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”
[al-Baqarah 2:230]
This was the view of Ibn ‘Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from ‘Ali, ‘Abd al-Rahmaan ibn ‘Awf and al-Zubayr ibn al-‘Awwaam (may Allaah be pleased with them).
This was also the view of a number of the Taabi’een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims.
Fataawa Islamiyyah, 3/281, 282.
It seems that the qaadi was also of this view, which is that the threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back.
But after the ‘iddah is over you cannot take her back, rather you have to make a new marriage contract with her.
With regard to taking her back after the ‘iddah is over – i.e., after three menstrual cycles – this is not valid, because once a woman’s ‘iddah is completed she becomes a “stranger” for her husband and she is not permissible for him except with a new marriage contract.
Fataawa Islamiyyah, 3/293
And Allaah knows best.
Is it permissible for me to go out with my ex-husband in the company of our children on occasion, so that they can be together with both parents like other children. That is done is public places. Also, he does not pray – is the money that he spends on them haraam?.
Praise be to Allaah.
If a man has issued the last of three talaaqs (divorces), or he has divorced her once or twice and her ‘iddah has ended, then she becomes a stranger (non-mahram) to him, and it is not permissible for her to be alone with him or to touch her or to look at her.
The relationship of an ex-husband with his ex-wife is like his relationship with any other non-mahram woman. The fact that they have children does not justify his looking at her, being alone with her or travelling with her. He can go out with his children without her being there, or she can be present with one of her mahrams, without doing any of the haraam things that we have mentioned.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
A thrice-divorced woman is a stranger (non-mahram) to the man like any other non-mahram woman, so the man does not have the right to be alone with her, just as he does not have the right to be alone with any non-mahram woman. And he cannot see of her what he cannot see of any non-mahram woman, and there are no special rulings concerning the relationship between them (other than the rulings governing all interactions between non-mahrams).
Al-Fataawa al-Kubra, 3/349.
With regard to accepting what the divorced husband spends on his children, there is no reason not to do so, even if he does not pray. She should remind her children of the importance of advising their father to pray, and may Allaah guide him through this advice.
If the mother fears that her children may be adversely affected by their kaafir father or that he may lead them to do something that Allaah has forbidden, it is not permissible for her to allow them to go out with him, because their going out with him is causing them harm.
And Allaah knows best.
There was an argument between me and my wife, and I doubted her chastity and honour, so I divorced her for that reason. Then after that I realized that these accusations were false and had no basis in truth. Does this divorce count as such?.
Praise be to Allaah.
If you only divorced your wife on this basis, then you realized that she was innocent of that, then the divorce does not count, because it was based on a reason, then it became apparent that this reason had no substance. This is the view favoured by Shaykh al-Islam Ibn Taymiyah and Ibn Rajab, and it has been stated in fatwas issued by two contemporary shaykhs: Muhammad ibn Ibraaheem and Ibn ‘Uthaymeen (may Allaah have mercy on them both)
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
If it is said, “Your wife committed zina” or “She went out of the house” and he gets angry and says, “Then she is divorced,” the divorce does not count. This was stated in a fatwa by Ibn ‘Aqeel, and it is the view of ‘Ata’ ibn Abi Rabaah. Something similar was said by Ibn Abi Moosa. If he said to his wife, “You are divorced because you entered the house,” she is not divorced if she did not enter the house, because he only divorced her for a reason, without which the divorce does not take effect. End quote.
Al-Fataawa al-Kubra, 5/495
See: Qawaa’id Ibn Rajab al-Hanbali, p. 323
Shaykh Muhammad Ibraaheem (may Allaah have mercy on him) said:
We have received your letter in which you are asking about your divorcing your wife, and you say that your heard something about her so you got angry and divorced her three times. After that you found out that the news was false, and it was proven that it was not true, and you are asking whether this divorce counts as such or not, because it turned out that she is innocent of what was being said about her.
The answer:
Praise be to Allaah. If the situation is as described, and you only divorced her on the basis of that false news, then the correct scholarly view is that the divorce does not count as such. Based on this, the divorce is invalid and the woman is permissible for you under the initial marriage contract, so there is no need for you to formally take her back or do a new marriage contract. End quote.
Fataawa Muhamamd ibn Ibraaheem, 11/ question no. 3159
Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’, 6/245
If a person bases his words on a reason which is later found to have no substance, there is no ruling on his words. This is a basic principle which has many implications, among the most important of which is what happens to some people with regard to divorce, where a man says to his wife for example, “If you enter the house of So and so then you are divorced,” based on what that person has of haraam means of entertainment such as musical instruments and the like, then he finds out that he has no such things at all. If she enters that house, is she divorced or not? The answer is that she is not divorced, because that was based on a reason which has no substance. This is based on both sharee’ah and rational thinking. End quote.
First divorce communicated through email to te wife ,father,and uncle whether valid or a signed document necessary? whether the other two remaining divorces can be obtained immediately?.
Praise be to Allaah.
Firstly:
It is well known in sharee’ah that divorce takes place when the words are uttered, written or indicated by a gesture that takes the place of speaking. See question No. 20660. This is something that is between the husband and his Lord if no one hears him say that. With the regard to divorce via e-mail there is no problem regarding the fact that it is valid: if the husband writes that he is divorcing his wife then the divorce takes place by virtue of that writing. But the issue here is whether this divorce can be proven and authenticated (in court).
It seems that the husband’s divorce of his wife via e-mail is effective if it is proven definitively that the one who sent the e-mail containing the words of divorce is the husband or someone whom the husband appointed to issue the divorce, and he acknowledges that and does not deny it.
But if that cannot be proven and the husband does not acknowledge it, then this e-mail message is not valid and divorce does not take place in this case, because it is well known to those who work in this field that it is possible to hack into e-mail accounts and send messages. So we cannot be absolutely certain that the one who sent it is the husband.
So proof and confirmation must be sought from the husband, and the the divorce should not be regarded as having taken place until after it has been confirmed by the husband. If he confirms it then the ‘iddah begins from the time when he uttered or wrote the words of divorce.
Secondly:
The two remaining divorces (talaaq) cannot take place immediately, for divorce takes place one at a time. Allaah says (interpretation of the meaning):
“The divorce is twice”
[al-Baqarah 2:229]
This refers to the revocable divorce (i.e., first or second talaaq). Allaah did not say “two divorces” – which indicates that it can only happen one at a time, followed by the ‘iddah in each case. If the first divorce is valid as is counted as such, then we have to wait out the ‘iddah. If he takes you back during the ‘iddah, then this divorce counts as one of the three divorces, and he has to bring witnesses to attest to that. If he does not take you back during the ‘iddah, then you are divorced as soon as the ‘iddah is over, and it is not permissible for him to take you back without a new marriage contract and a new mahr, and he is regarded as a stranger to you like any other man who may propose marriage, and the marriage can only be done with your approval and the agreement of your guardian.
The applies in the case of a second divorce; if he takes you back during (the ‘iddah) then you are his wife. In the event of a third divorce, you become haraam for him until you have married another husband in a legitimate shar’i marriage which is not done solely with the intention of enabling you to remarry your first husband, and which is consummated in the proper manner. If it so happens that you get divorced from your second husband then it becomes permissible for you to remarry your first husband after the ‘iddah ends.
And Allaah knows best.
Its the responsibility of every Moslem to learn Quran and tajweed and we also must teach our kids Quran and not only the Quran teaching we should let then be conscious of the basic of Islam and why it was reviled you bet it was railed and truth teaching of holy Quran and with tajweed we read Quran we can understand better all the responses that are demanded if we study koran from a qualified Quran tutor he will let you know verity core of Islam and why koran was reviled for it we should gain the information of the Scripture with there translation and the context of when those verses were reviled and why and that is only potential when we keep on with not simply learning quran for beginners but gaining the ability of Quran tafseer and one inquiry that we all is necessary to ask our self that why we all are here in the world to do good acts or to do bad acts to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the interrogation remains the exact same that the reasons why we are here in the world but if yes then whom we have to reply is there any Lord All these reply exist when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our task. We all must do quran memorization and listen to quran online when ever we have time to stay in touch
I would like to know whether there is a set age for marriage in Islam for men and women? I hope you can explain with reference to the Qur’aan and saheeh hadeeths.
Praise be to Allaah.
Firstly:
Islam does not give a specific age for marriage, either for the husband or for the wife. Allah, may He be exalted, says (interpretation of the meaning):
“And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not”
[al-Talaaq 65:4].
Al-Sa‘di (may Allah have mercy on him) said: “along with those who have it [menses] not” means minors, those who have not yet started to menstruate. Adult women who have never menstruated at all are like those who “despair of menstruation” (i.e., have passed menopause); their ‘iddah is three months. End quote.
Tafseer al-Sa‘di, p. 870
The Prophet (blessings and peace of Allah be upon him) married ‘Aa’ishah (may Allah be pleased with her) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422).
Ibn Qudaamah (may Allah have mercy on him) said in al-Sharh al-Kabeer, 7/386:
With regard to females, the father may give his minor, virgin daughter who has not yet reached the age of nine in marriage, and there is no difference of opinion concerning that, if he gives her in marriage to someone who is compatible. Ibn al-Mundhir said: All of those scholars from whom we acquired knowledge unanimously agreed that it is permissible for a father to give his minor daughter in marriage if he arranges her to someone who is compatible, and it is permissible for him to do that even if she is reluctant. End quote.
Secondly:
No one may give a minor daughter in marriage except her father according to the view of Maalik and Ahmad. This was also the view of al-Shaafa‘i, but he regarded the grandfather as being like the father in that regard. Abu Haneefah said – and it was also narrated from Ahmad – that it is permissible for a guardian other than the father to give (the minor girl) in marriage, but the more correct view is the former one.
See: al-Mughni, 7/33
Thirdly:
The father should not give a minor daughter in marriage except in a case where he thinks it is in her best interests. Just as he may only dispose of her wealth in that which is in her best interests, the same applies with regard to arranging her marriage. Islam only permits that to the Muslim father who is pious and pays proper attention to the best interests of his children, and who understands very well that he is a shepherd and that he is responsible for his flock.
Ibn Wahb narrated that Maalik said, with regard to a man arranging a marriage for an orphan girl under his care: If he thinks that (the husband) is a man of virtue, righteousness and wisdom, it is permissible for him to do that.
Ahkaam al-Qur’aan by al-Jassaas, 2/342
Fourthly:
A man should not consummate marriage with his young bride until she is physically able to bear intercourse. This varies from one time, place and environment to another.
For more information please see the answers to questions no. 22442 and 127176.
What young men and guardians of girls should do is hasten to arrange marriages, so as to guard chastity and protect honour, and so as to attain the great purposes for which Allah ordained marriage.
And Allah knows best.
If I divorced my wife with one talaaq, whilst she is still in her ‘iddah is it permissible for me to do a new misyaar marriage contract?
Do I have to do get the permission of her guardians for a new marriage contract?
If her guardian did not know about the misyaar marriage and did not agree to it, is it permissible for the imam to take the place of her guardian?.
Praise be to Allaah.
Firstly:
If a man divorces his wife with one talaaq, it is permissible for him to take her back so long as she is still within the ‘iddah period. Taking her back may be done verbally, or by having intercourse with her with the intention of taking her back. If the ‘iddah has ended, he cannot take her back except with a new marriage contract.
He may also marry a second wife before divorcing the first one or afterwards or during the ‘iddah, because there is no connection between the two matters. And he does not have to tell the first wife or get her agreement, because Allah has permitted the man to have four wives on condition that he treat them fairly. Allah, may He be exalted, says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one” [al-Nisa’ 4:3].
Secondly:
A misyaar marriage, if it fulfils the conditions of marriage, namely the consent of the woman, the presence of her guardian and two witnesses, and the mahr, is a valid marriage and there is nothing wrong with a woman yielding some of her rights to accommodation, a share of her husband’s time or maintenance.
But marriage without the guardian is not valid, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Ash‘ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian and two witnesses of good character.” Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami‘, no. 7557.
And he (blessings and peace of Allah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami‘, no. 2709.
It is not permissible to conceal the matter from her guardian and the marriage is not valid unless it is done by the guardian himself or the guardian delegates someone to do the marriage contract on his behalf.
It is not permissible for the imam to take his place unless the guardian has delegated him to do the marriage contract.
The condition of the guardian being present is emphatically stipulated in the case of misyaar marriage, so as to differentiate between it and immoral relationships.
See also the answer to question no. 82390.
And Allah knows best.
