Does the above invalidate their nikah and talaq binding upon them?

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Ref no: 0088#

Date: Wednesday, May 04, 2011

Category

Divorce

Title

Does the above invalidate their nikah and talaq binding upon them?

Question

An Indonesian muslimah pushed her husband a little too hard in their quarrel at home, in which she said “break off our marriage if you think I am controlling your life too much”.  He, a white American revert for 7 years, at the peak of his anger, said “divorce” three times to her in English.  They have been married for ten years and have a nine year old daughter.

Question:  Does the above invalidate their nikah and talaq binding upon them?

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

According to all four Schools of Thought (4 Madhahib) all three divorces are valid. That constitutes a Talaaw e Mughallaza. ( A permenantly  irrevocable divorce ). They cannot live together as Husband and Wife.

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyya

 

 

· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 

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