[ Home  |  FAQ-Related Q&As  |  General Q&As  |  Answered Questions ]

    Search the Q&A Archives

i was divorced 3 talaaq at once and my halaala is done on...

<< Back to general questions

Question by nazia61
Submitted on 8/6/2003
Related FAQ: N/A
Rating: Not yet rated Rate this question: Vote
i was divorced 3 talaaq at once and my halaala is done on the phone on the persons wish he has given me the divorce without touching and is this permissible pleas advice me,,my divorce was also through the court am i in iddat or it was not possible on the phone pls advice


Answer by Ems
Submitted on 8/26/2003
Rating:  Rate this answer: Vote
religiously a divorce on the phone is valid but the law in the country where you live will definitely require documentary proof when you want to marry again. The best solution is to have your husband go to a maazoun and get the official paper so you can prove the divorce and the date thereof.

 

Answer by Amin
Submitted on 1/8/2004
Rating:  Rate this answer: Vote
SALAM
this kind of Halaala is not allowed in Islam, it is kind of fixed marriage, and marriage is not a trade deal.
if someone love's you, he wouldn't be angry on you, and TALAAK is the worse thing. and getting married with another person just to fulfill the Sharia, to do Halaala, and than get a divorce from him to re-marry your husband, its like you are playing with ISLAM.

 

Answer by Tauseef
Submitted on 4/21/2004
Rating:  Rate this answer: Vote
Salaam,

Halaala is permissible but at the time of Nikah there cannot be any conditions.

The marriage must be consumated (sexual contact) and then divorced from second husband and sit iddat before going back to first husband.

Please see http://www.islam.tc/ask-imam/view.php?q=8804

 

Answer by Nawaye
Submitted on 11/3/2006
Rating: Not yet rated Rate this answer: Vote
Translation of Sahih Bukhari, Book 63:

Volume 7, Book 63, Number 188:
Narrated 'Aisha:
Allah's Apostle gave us the option (to remain with him or to be divorced) and we selected Allah and His Apostle . So, giving us that option was not regarded as divorce.

Volume 7, Book 63, Number 189:
Narrated Musruq:
I asked 'Aisha about the option: She said, "The Prophet gave us the option. Do you think that option was considered as a divorce?" I said, "It matters little to me if I give my wife the option once or a hundred times after she has chosen me."

Narrated Said bin Jubair:
that he heard Ibn 'Abbas saying, "If a man makes his wife unlawful for him, it does not mean that she is divorced." He added, "Indeed in the Apostle of Allah , you have a good example to follow."

Volume 7, Book 63, Number 194:
Narrated Abu Huraira:
The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

The Prophet said, "Of all the lawful acts the most detestable to Allah is divorce." (Abu Dawud, Book 12 no. 2173)



 

Answer by Nawaye
Submitted on 11/3/2006
Rating: Not yet rated Rate this answer: Vote
Translation of Sahih Bukhari, Book 63:

Volume 7, Book 63, Number 188:
Narrated 'Aisha:
Allah's Apostle gave us the option (to remain with him or to be divorced) and we selected Allah and His Apostle . So, giving us that option was not regarded as divorce.

Volume 7, Book 63, Number 189:
Narrated Musruq:
I asked 'Aisha about the option: She said, "The Prophet gave us the option. Do you think that option was considered as a divorce?" I said, "It matters little to me if I give my wife the option once or a hundred times after she has chosen me."

Narrated Said bin Jubair:
that he heard Ibn 'Abbas saying, "If a man makes his wife unlawful for him, it does not mean that she is divorced." He added, "Indeed in the Apostle of Allah , you have a good example to follow."

Volume 7, Book 63, Number 194:
Narrated Abu Huraira:
The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

The Prophet said, "Of all the lawful acts the most detestable to Allah is divorce." (Abu Dawud, Book 12 no. 2173)

Volume 7, Book 63, Number 186:
Narrated 'Aisha:

The wife of Rifa'a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa'a divorced me irrevocably. After him I married 'Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa'a? Nay (you cannot return to Rifa'a) until you and 'Abdur-Rahman consummate your marriage."

Volume 7, Book 63, Number 187:
Narrated 'Aisha:

A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet was asked if she could legally marry the first husband (or not). The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done."







 

Answer by Mohammed Khalil Ahmed Bhamla
Submitted on 1/19/2007
Rating: Not yet rated Rate this answer: Vote
Respectful Madam,

You got to understand Fornication, Adultary, Rape Incest, Bygamy, Marriage, Divorce, Maintenance, Custody and Guardianship very throughly which you lack to a very high extent.

Fornication is intercource with consent between both opposite genders none of them married to anybody else and among themselves.

Adultary is intercource with consent between both opposite genders, either of them or both of them married to somebody else but not to each other.

Incested is intercource with consent between both prohibited/forbiden relationed opposite genders, such as mother and son, father and daughter, brother and sister and so on.

Rape is intercource between both opposite genders, without consent of one of them whereas, with force by the other.

The acts committed hereinabove, not voilating any of the conditions aforesaid, with a consented agreed and witnessed religious binding, coming into bondage by two opposite gender and thereafter committing the act of intercource is legally known as marriage such acts being mandatory needing not consent any further but requing the needs and neccassaries to be fulfilled.

Further although marriage is a contract but mind you, it is neither commercial nor a trade license or a lease license but a religious contract and with religious binding also legitimizing the offspring. Therefore neither marriage nor talaaq are mandatoary or a mockery.

So far as Talaaq is concerned it has two basic types and as many as 13 forms if not more. To better understand the definations of all the consepts mentioned hereinabove writ to me on bhamlaae@gmail.com for now Allah Haafiz.  

  

 

Your answer will be published for anyone to see and rate.  Your answer will not be displayed immediately.  If you'd like to get expert points and benefit from positive ratings, please create a new account or login into an existing account below.


Your name or nickname:
If you'd like to create a new account or access your existing account, put in your password here:
Your answer:

FAQS.ORG reserves the right to edit your answer as to improve its clarity.  By submitting your answer you authorize FAQS.ORG to publish your answer on the WWW without any restrictions. You agree to hold harmless and indemnify FAQS.ORG against any claims, costs, or damages resulting from publishing your answer.

 

FAQS.ORG makes no guarantees as to the accuracy of the posts. Each post is the personal opinion of the poster. These posts are not intended to substitute for medical, tax, legal, investment, accounting, or other professional advice. FAQS.ORG does not endorse any opinion or any product or service mentioned mentioned in these posts.

 

<< Back to general questions

[ Home  |  FAQ-Related Q&As  |  General Q&As  |  Answered Questions ]
© 2008 FAQS.ORG. All rights reserved.