a man gives talaaq to a women 3 times is it a divorce? and also then he accepts it and then denies it later

· 30 Shawwal 1426 AH2 min readFatwa 13749English

Question

i wanted to ask if a man gives talaaq to a women 3 times is it a divorce? and also then he accepts it and then denies it later, also wnated to say what if this women was forced in to the marrige and was beaten up after marrige but becasue of her family she had to be with him and on the night he beat her up he said talaaq 4 times, her family did not accpet it and then now they are accpeting it is a divorce but some times her family say get back with the husband and some times they say get married to her cousine who is 18 she is 20 she got married when she just turned 17.

Answer

At the outset, we wish to point out that we are strongly and vehemently opposed to force marriages. It is a risk. The husband and wife may just continue with the marriage, but this is unlikely in most forced marriages. Generally, such a marriage breaks up with grave consequences which could be avoided.

According to the Shari’ah, an adult has a right of choice and the right to say yes or no. Seniors may offer their advice and counsel but they should not impose against the will of an adult as that is also going against the right Shari’ah has given. Furthermore, a woman should never allow herself to be abused. If there is a problem, the husband should use the mechanisms in Shari’ah to address his grievances. He should not hit his wife. The wife should also not allow herself to be abused. She should make that clear and take any necessary steps if the husband does not exercise restraint. A woman is a human being and not an animal. She is entitled to dignity and honour like the husband. If the husband cannot respect her, and treats her like an animal, he should not marry.

Nevertheless, the three divorces are valid and they constitute Talaaq-e-Mughalladha (a permanently irrevocable divorce).

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”

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