Her loving husband divorced her after the loss of his child Fatwa No: 152079
- Fatwa Date:17-3-2011
Assalamuralaikum, i am ready confused at the moment. i badly need an answer as so scared. i am a 24 year old women marrie t a 29 year old mand. we got married two years ago. last years. i was pregnant. unfortuenately my baby was not normal. we have been trying alots of test to see if he can be treated, but he died in my tommy at 7 month. it was a boy, me and my husband yashin we completely lost. we lost our son Sheik aabaan. yashin is a very quiet guy. he has always keep me happy. since Aabaan died me and yashin has been fighting with each other. we never fought like this before we lost aabaan. yashin even beated me twice when we fought. we are both out of control. i can see how yashin is different now and i know it because he have been suffering from the lost of our son, loss of his job, financial matter. there is so much going on in our lifes and its only 6 to 7 month now that aabaan died. we were fight tish tuesday and yashin told me with anger that he does want to stay with me, so i told me if so give me my talaaq. i said that as i was very angry. so he told me 3 times. fews hours later we realised what we have done. we cant live without each other. i am metally depressed. i am on treatment as a beging of depression. how will we be able to be together again. we need each other .we have been fighting just because we are suffering the loss of our son. we got in touch with an imam a month ago and he said that someone has done eveil things on us since we got married. that person want us to seperate. the imaan was suppose to come on monday to make doah on us and clear us frm all eveil things, but unfortunatey this happened before he come. please tell me what will we have to do to be together again, we dont want to live in sin? please help me!
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.
First of all, please accept our condolences on the death of your son and may Allaah make him precede you to the Basin (of the Prophet on the Day of Judgment).
Sometimes calamities could bring about good things, so you should not consider the loss of your son as a misfortune; rather, it might be the contrary. Did you not read the saying of Allaah (which means): {And as for the boy, his parents were believers, and we feared that he would overburden them by transgression and disbelief. So we intended that their Lord should substitute for them one better than him in purity and nearer to mercy.} [Quran 18:80-81]
Therefore, you should submit yourselves to the Decree of Allaah and be patient. For more benefit on the excellence of patience when being afflicted, please refer to Fatwa 83577.
As regards uttering divorce thrice in one session, then divorce takes place as three divorces according to the view of the majority of the jurists unless the husband intended to confirm the first divorce by uttering the second and third divorces, in which case, it is only one divorce that takes place. Besides, some scholars are of the view that it takes place as one divorce in any case. For more benefit, please refer to Fatwa 94110.
On the other hand, anger and magic do not prevent divorce from taking place unless the person is unconscious about what he is saying. For more benefit, please refer to Fataawa 85637 and 83467. Hence, we advise you to take your case to one of the Islamic Centres in your country.
Furthermore, you should not hasten to consider that it is magic that caused what happened to you and it is not permissible to accuse a particular person of having done magic to you. However, if you predominantly think that you are affected by magic, you may perform Ruqyah; in this regard, please refer to Fataawa 88705 and 85500.
If it is possible for a Muslim to perform Ruqyah for himself, then this is better, and if he is in need of some righteous people to perform Ruqyah for him, then this is permissible provided the Islamic conditions are met, especially in regard to a non-Mahram man performing Ruqyah for a woman, as she should wear Hijab in front of him, not be in seclusion with him and so forth.
Allaah Knows best.