hi i was married for 5 years after this perios me and my wife didnt see eye 2 eye so we decided to go seperate ways i wasnt practicing at the time so jus went about not talking to my partner or making contact we have a 6 year old daughter so we only assume contact regarding my contact with my daughter at the time i asked friends who told me to get divotced you must perform talakh what is talakh n how do u perform it? its been 2 years me and my ex wife have split from advice i got told to say talakh on the phone or in perosn to my ex partner to which i did we no longer maintain a physiocal or mental bond but i want to know are we islamically divorced please help me brothers

asked 615 brotherabjol's gravatar image
edited Apr 24 '12 at 01:10 NesreenA ♦ 199722 NesreenA's gravatar image

dont jus view the question brothers and sisters!!! help me!!!

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answered 615 brotherabjol's gravatar image

Salam,

Allah says, [And if they decide on divorce - then indeed, Allah is Hearing and Knowing] [2 v227] Allah here Has put a condition on those who are married and that is they will not become separated from one another legally unless they pronounce they are divorced, and in this case the woman does not have the right to pronounce the divorce of separation but it is the man who pronounces the divorce with two witnesses as the same way when he was making the nikah needed two witnesses, once you do this then the woman is divorced but however if you decide to go back to her you can and then if you divorce her again you can go back but if you divorce her the third time you are no longer halal for her and you can not take her back until she marries another man and they enjoy each other then if that man divorces her you can marry her.

However your condition was that you made the talaq over the phone and if there was two witnesses there at present then that divorce has gone through and she is divorced but if there was no witnesses there at present then this was a talaq which is not of the suna but however that talaq is counted and she is divorced, as she is divorced now she must fulfill the rights of a talaq which is,

[Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise] [2 v228] If you have divorced this weak then her Ida starts from the day her period starts whether be the weak you have divorced her or the following weak and she must complete the three period and if she got married to anyone else before finishing her period that marriage will not be valid until she completes her period then she has to do that contract again but for you if you want to go back with her you can do so without re-marrying her all you have to do is to declare that you have taking her back with two witnesses or you enjoy her in bed and it will count as if you have taking her back. And also if she is pregnant then her Ida is until she gives birth and she can not marry anyone else but if you want to take her back during her pregnancy you can do so.

Brother your divorced has happened and she is divorced, and you must tell her that she must wait these three period before she does anything else because in these period legally she is still your wife and can not marry anyone else and when the period is finished if you want to get back with her you must to the whole marriage contract again. This issue is quite large and I can not write everything here but I hope this will be enough Insha'Allah

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answered 3443 caabi's gravatar image

wa aleykum salaam

please long on

http://www.tafheem.net/tafheem.html

surat # 65 talaaq

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answered 73237 abjad's gravatar image

brother thank u for ur insight into this situation....we have been seperated 2 years... so i think the period section is finished.... however there was no1 present with me when i said talakh onn the phone...i c her on staurday to pick up my daughter.... her new partner will b there but will my 6 year old daughter count as a witness or should i take som1 with me?

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answered 615 brotherabjol's gravatar image

To Brotherabjol,

Brother it does not matter whether you were separated for 2yrs or not but in Islam what counts is the Talq, meaning you can only become separated from the time you say, TALAQ, therefore, if you have said Talaq to her 2yrs ego then that divorce has happened already and that after the three period has finished then she can marry another man, but if you have divorced her with in the last month, then she can not marry another man until she finishes her Ida of three period, So brother clarify to me when you have divorced her..?

As for your daughter been a witness the answer is no it has to be a two man who have reached the age of maturity which is the age of 15yrs and over. However what you can do is right a divorce letter and you show two witnesses and read it over them then they should sign the divorce letter with their full name on it and give copy to your x wife.

But brother clarify to me when have you giving her the TALAQ..?

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answered 3443 caabi's gravatar image

brother i only gave her talakh on the phone but this was also 2 years ago and i have mentioned there was no1 present with me to witness this..... i want ton clarify if we need to make talakh again as i also wish to re-marry soon... insha allahb i have not done anymore wrong..

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answered 615 brotherabjol's gravatar image

Salam,

May Allah bless you and reward you for your concern in this matter as you want khayr.

As for your case there is no need to make another TALAQ because you have made TALAQ already and it has been 2yrs now, therefore, she was free from you three periods after when you gave her divorce and once you give her, her divorce and you do not get back with her in Islam there is no other Talaq except if you got back with her or re-married the same woman.

Therefore, you do not need to do the TALAQ again as she is free from you and also if you want to marry someone else in Islam if you were marry to someone else whether you divorce her or not or whether she is in her Ida or not you can marry when ever you like, it is only the woman who are not allowed to marry any one else if she is married or if she is in her Ida. So you should not wait for your marriage and should marry as soon as you can Insha'Allah. May Allah bless you and your new family ameen..

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answered 3443 caabi's gravatar image

Assalamualaikum brother. If you already say talakh to your Ex wife, where you dont need witness, so it is islamically been done. But to officially get divorced, i suggest you to go to any islamic institutions and probally go to any Sharia court for better/proper way of divorcing process. InsyaAllah. Just ask them my brother. Wassalam.

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answered 2029 Muhammad%20Izammudin%20Ismail's gravatar image

jazzak allah brothers for your insight in my situation... i have noted down all advice and al hamdulillah i am at a bit more peaceful state now i know where i stand and what i need to do..... salaamz and may allah reward you for your kindness and help... salaamz

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answered 615 brotherabjol's gravatar image

الحمد لله ربّ العالمين

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answered 2029 Muhammad%20Izammudin%20Ismail's gravatar image
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Asked: Mar 13 '12 at 13:13

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Last updated: Mar 23 '12 at 23:23


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