(#201)
Question
Assalam o Alaikum! I pronounced a divorce to my wife (in the absence of her) only one time which was witnessed by 04 persons but the legal papers I signed, had a word “divorce” three times. Is this divorce is irrevocable or we can count it as First Divorce? Regards.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
We have received your query regarding signing off a divorce, our response is as follows:
If you had pronounced one divorce to your wife (after consummation of the marriage) then one divorce had taken place from the time you had issued the divorce. If you had not taken your wife back into the Nikah (either verbally or becoming intimate) during her Iddat then your Nikah with her had terminated at the completion of her Iddat.
Furthermore, taking into consideration the above, the signing of the legal papers in which there was mention of three divorces is also ratifying and approving the three divorces. Thus, if you had initiated the above process and signed the document with the intention of Talaaq, then three Talaaqs have taken place and you will not be permitted in Shariah to return to the previous marriage unless the process of Halalah is completed.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
20th Sha’baan 1445
2nd March 2024
