What Is the Status of My Marriage If My Husband Divorced Me Twice?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My husband has given me divorce twice, and after that, we have been living separately for the last four years. He never made the divorce papers just said the first time and the second time on WhatsApp. What is the status of our marriage? We never lived together after 2nd divorce. Is the 3rd divorce automatically applied without saying?
Answer
In the Name of Allah, the Most Merciful and Compassionate
The status of your marriage is you are now divorced, Islamically.
However, the first time you came to know about the first divorce you were separated, and your iddah had started. But, as you mention you lived together between the first and second, you have to ask yourself did he take you back, and were you living an everyday married life with intimacy? If you did so, your divorce and waiting period started after the second divorce.
As it has been four years, you no longer have to wait for a third divorce, you are separated from him.
Allah Most High says in the Quran, when guiding us about divorce, it guides us, a wife should either be retained with honor or separated with grace.
“The divorce that can be returned from may be pronounced up to two times, then either honorably retaining her, or kindly letting her go.” [Quran, 2:229]
The innovative form of divorce is that one divorces her thrice in one statement or thrice [or twice] in one period of purity. If he does that, the divorce takes effect and his wife becomes irrevocably divorced (baina) from him. [Maydani, Al-Lubab Fi Sharh al-Kitab]
Also, I advise you to consult reliable local male and female scholars and sincere friends about the whole situation. Who can guide and direct you to what is best for you?
Allah Most High destine what is good for you in this world, reward you abundantly for being patient and give you a better alternative and source of happiness, Amin [Ibn ‘Abidin, Radd al-Muhtar]
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I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.
He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.
He currently resides in UK with his wife. His personal interest is love of books and gardening.
