She lives with her husband although he gave her three divorces Fatwa No: 155573
- Fatwa Date:3-5-2011
salamaikum. my husband is very loving but one day he said talak 3 times to me in anger .we dont want to get seperated. we love each other .its 4 months now .we have become normal now and living as husband and wife.please guide me . we are guilty of what we did. we want to live to gether .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.
If a husband divorces his wife three divorces on different occasions, then three divorces take effect; the same thing applies if he says three divorces in one session, three divorces take effect unless he intended to emphasize the first divorce with the second and third divorce. For more benefit, please refer to Fatwa 94110. There are some details about this matter and there is a difference of opinion about it as well.
As regards anger, it does not prevent divorce from taking place unless the person becomes unconscious to an extent that he does not know what he says; for more benefit, please refer to Fatwa 83467.
If we presume that three divorces had taken place, then you would have become irrevocably divorced from your husband and you would not become lawful for him again unless you marry another man a serious marriage and he consummates the marriage with you and then he divorces you or dies. For more benefit on the kinds of divorce, please refer to Fatwa 82541.
In this case, both of you should stay away from each other as you are non-Mahrams to each other, and there is no doubt that if you live together as a husband and wife, then you are sinful after you had known the Islamic ruling on the matter.
However, we advise you to take your case to some trustworthy scholars in your country so that they would ask your husband about how divorce took place, and the degree of anger in which he was when he uttered divorce, so they would issue a Fatwa for him according to what they would hear from him.
Finally, spouses should avoid getting angry and making divorce as a means of solving their marital problems. Also, they should stay away from the reasons of dissension especially if they love each other, so it is not appropriate for them that the matter reaches this point between them. Besides, it should be noted that if someone does not know the ruling on a given matter, he should ask the scholars before acting, especially about the matters of marriage so that one would not commit what is forbidden while not knowing. Allaah Says (what means): {…so ask the people of the message [i.e. former scriptures] if you do not know.}[Quran 16:43]
Allaah Knows best.