Divorce after 'Iddah is of no significance

24-10-2013 | IslamWeb

Question:

Salaamualaikum; Am a Hanafi sunni Muslim, I had given TALAQ telephonic to my wife on 5th February 2013 (She was nor on menstrual periods neither pregnant) , later in due time of three menstrual period of her, I did not said or done any RUJU (we were staying in two different cities in due time), after completion of 3 months from the date of TALAQ pronounced, I asked her to marry me and settle the issues, but she didn't agreed and our fight continued. Later On the 8th July 2013 I wrote her email writing entire happening among us and the reason for first TALAQ; and in last line of email I wrote” I am giving you “TALAQ TALAQ TALAQ” “. Now the query is what is the status of my TALAQ according to sharia in the light of Quran and Hadeeth?? Weather it is considers as only one TALAQ OR its Consider as a 3 TALAQ?? The 2 Muftis had confused me saying one as Triple Talaq had hapend and other one as it’s a only one talaq. Kindly clarify in detail to forward the same message to our Muftees. Jazakallah Khair.

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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 is His slave and Messenger.

 

If the matter is as you mentioned in the question that the waiting period from the first divorce had elapsed by the expiry of three menses, then this woman is no longer your wife, and she is a non-Mahram to you. So the three divorces which you initiated are of no significance and they are not taken into account because you initiated divorce to a woman who was not your wife.

What we mentioned here is the content of Fatwa 130849 which we had previously referred you to.

For more benefit, please refer to Fatwa 82541.

Allaah Knows best.