She is confused whether she is divorced or not

14-3-2011 | IslamWeb

Question:

Assalam-o-Alekum my husband divorced me 2 times cosectively 12 yers ago and than rujo me, after 12 year in diffrent situations husband told me to leave the home and get lost from my life i don`t want to live with u and use words like these and an year ago in a serious fight husband told me to get out from my home n he gave me my gold n told me that get lost n don`t come again, and i also leave him and says that i am leaving u too but after some hours the husband says to me that come back and i was wrong so in this situtaion the question is that does the wife is divorced or not? plz solve my problem bcoz i am very upset

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If these two divorces were interrupted by your husband taking you back, then they are considered two divorces, but if they were not interrupted by your husband's taking you back like if they were in one session, for example, and he did not intend to confirm the first divorce with the second divorce, if that was possible, then whether it is considered one divorce or two divorces depends on the well-known difference of opinion among the scholars in this issue, which we clarified in Fataawa 82330 and 83467.

As regards your husband saying to you that he does not want to live with you and asking you to leave the home and the like, then all this is considered a metaphor of divorce and divorce does not take place just because it unless he intended divorce. For more benefit on the metaphors of divorce, please refer to Fataawa 90531 and 128257.

Since there is a difference of opinion about the issues which we mentioned and some matters need clarification from your husband, then we advise you to take your case to an Islamic court or any authority that acts on its behalf like Islamic Centres in countries where there are no Islamic courts; as the judge (or whoever acts on his behalf) may find out what your husband intended; in addition to this, the decision of the judge shuns away any differences in matters of Ijtihaad (issues on which there is no text in the Quran, or the Sunnah , or the consensus of scholars).

Allaah Knows best.

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