Was it a divorce ?when Mr. S was forced to divorce? And, if he divorces first wife on paper
Question
1.Mr. S has fallen in love with another woman and wanted to marry her. But to be legally right he filed a divorce for his curent wife though initially he told his wife that he wasnt really divorcing her Islamically. After getting married to the 2nd wife , he does not treat her first wife well and always stays with the 2nd wife. His intention is unclear , he is acting like the relationship with the first wife is over. And he did all necessary after divorce paperwork with his first wife and shared his property with the first wive's children. Has he really divorced her Islamically? 2. Mr. S was forced by his relatives to divorce the 2nd wife on paper and after he came away from his relatives he goes back to the 2nd wife ignoring the three Talaq he wrote on paper. Whats the ruling on this?
Answer
The divorce filed by Mr S against his first wife constitutes only one divorce (Talaaq-e-Raj'ee). After the expiry of her Iddat, she was free to remarry anyone else. Since Mr S did not issue her three divorces, he can reconcile with her by proposing to remarry her on condition she accepts his proposal.
The three dvorces issues by Mr S is Talaaq-e-Mughalladha (severe and irrevocable divorce). They cannot live together as husband and wife. Mr S and the woman must separate themselves from one another and make Tawbah for the adulteress relationship due to living together after the three divorces.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
- Answered by
- Mufti Ebrahim Desai
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