Fatwa No : 83707
The ruling on a husband giving his wife three divorces under her pressure

The ruling on a husband giving his wife three divorces under her pressure

What do the esteemed scholars and respected muftis say regarding the following issue that my wife repeatedly demanded divorce from me. Every time there was a problem, even over very minor issues, she would insist on a divorce. In anger, I would reply, "Fine, I’ll divorce you," but no solution ever came out of it. Eventually, she began demanding a divorce by invoking the Qur'an. She said, “I don’t trust your words. You’ve said many times you’ll leave me. Now swear on the Qur'an, pick it up and say that you’ll leave me.” I refused, and for 15 minutes we kept arguing over this. Then she said, “Either pick up the Qur'an or I’ll disrespect it.” So I picked up the Qur'an and said, “Yes, I will divorce you,” kissed it, and put it down. About half an hour later, she said, “You’re not divorcing me because of this child. I’ll kill this child.” She then mixed insecticide (Copex) in water and tried to feed it to the child. I snatched it from her and threw it away. Three days later, I took her out of the city to Quetta, hoping a change in environment might improve her mental state. But there, too, she kept abusing the child and said, “This child is the root of all problems. Otherwise, I would have left long ago.” She didn’t take care of the child in the cold; he fell ill. I brought them back to Karachi, and the child had to be admitted to the hospital for two days. Some days later, she said again, “You still haven’t separated from me.” The entire day passed in arguments. By 3 a.m., she brought the Qur'an again and said, “I don’t trust your words. Separate from me as soon as possible or I will commit suicide and kill the child too.” I said, “Fine, I will,” but still didn’t decide firmly. She brought the Qur'an again and said, “Swear on this, or you know what I’m capable of.” I said, “Yes, I swear on the Qur'an, I will separate from you as soon as possible. I will divorce you permanently.”
Then I called her family, but they responded saying, “This is a matter between you two; resolve it yourselves.” I sent her to another room with my family members. Now the issue is: I swore twice on the Qur'an that I would divorce her. The second time, I swore that I would do so as soon as possible. So, the next day (on Eid), I gave her one divorce in person. Then, the following day (the second day of Eid), I sent her an SMS from my mobile saying: “I give divorce to [her name]. I give divorce. I give divorce.” I also forwarded that SMS to her two uncles, her two brothers, my father, and my own brother. My question is: What is the Shar'i (Islamic legal) ruling on this. Has the divorce occurred? I did this with full awareness and sincerity, bearing Allah as my witness in both heart and mind. I have fulfilled the promise I made to Allah, and I am still content with my decision.

الجوابُ حامِدا ًو مُصلیِّا ً

If the statement of the questioner is indeed true in accordance with the actual circumstances, then the behavior of his wife towards her husband and child, as described, is certainly unacceptable. She is sinful due to her inappropriate conduct and for seeking a Shar‘i divorce without valid reason. However, since the questioner has given her three divorces, this results in final and irrevocable divorce (ḥurmat-e-mughallaẓah), thereby terminating the marital bond between them. Now, reconciliation (rujūʿ) is not permissible, and they cannot remarry unless a valid ḥalālah sharʿīyah takes place. The questioner is now legally and Islamically free to marry someone else, while the divorced woman may marry another Muslim man after completing her ʿiddah (waiting period).

مأخَذُ الفَتوی

کما في الفتاوى الهندية: وإن كان الطلاق ثلاثا في الحرة وثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها كذا في الهداية اھ (1/ 473)۔