𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (641)

Questions About Divorce Question: Peace be upon you and the mercy and blessings of Allah. May Allah reward you with goodness. I am translating the question of a Salafi sister who does not speak Arabic. She fears that her divorce may not have taken place, and that the marriage she entered into afterwards may therefore not be valid: “I was divorced with three divorces, and I am the mother of two children. After that, I married another man with good intentions, all praise be to Allah. However, after a few months of marriage, I asked my husband for khulʿ because I was unable to love him and I could not forget the father of my children. My husband did not want us to separate at all. I had requested a ring as my dowry, and I threw this ring to him, asking him to divorce me, but he did not say or pronounce that he accepted the dowry. After that, I gathered his belongings (because he was living in my house) and went to a married couple whom we respect greatly and whom I consider like my parents. I asked them to call my husband and invite him to their house so that we could discuss the matter. However, my husband did not know that this was so I could repeat my request for divorce from him. So I sat with my husband and this couple, and I repeatedly and strongly asked him to divorce me. But the couple I had asked did not say anything. My husband remained silent because he did not want divorce, but I insisted until he finally said: ‘I divorce you.’ After some time, he told me that he pronounced the divorce because he was under pressure. Later, he also told me that he wanted to take me back, but I did not pay attention because I thought that what happened was khulʿ. Note: Intercourse happened approximately two weeks before the divorce, and I was not menstruating. I want to know: Is this divorce valid? I married three months after he pronounced the divorce, and I fear that this marriage is also invalid. This question came to my mind now after I spoke with another sister.” Translator’s note: I ask you, if there are any other conditions that were not mentioned and which may affect the validity of the divorce, please mention them in detail. What should she do: repeat the divorce and marriage, repent, or is there nothing required? And is this considered khulʿ or divorce? May Allah reward you with goodness. Shaykh Abdurraqib ibn Amin Qa'id, may Allah preserve him, said: And peace and the mercy and blessings of Allah be upon you. The marriage after three months requires further details. If it was after three menstrual cycles and purification from them, then her marriage is valid. If it was before completing the three menstrual cycles, then the marriage is invalid because she was still in her waiting period (ʿiddah). The consideration regarding divorce is the state of purity after the third menstruation. Because Allah says: “Divorced women shall wait by themselves for three menstrual periods.” And if the menstruation is delayed, the woman remains in the waiting period until she completes the three menstrual cycles along with purification. As for women who no longer menstruate — meaning those whose menstruation has stopped — their waiting period is three months. A pregnant woman’s waiting period ends when she gives birth, whether the period is long or short, as long as she is pregnant. Because Allah says: “And those of your women who have passed the age of menstruation, if you have doubt, their waiting period is three months, and those who do not menstruate. And for those who are pregnant, their term is until they give birth. And whoever fears Allah, He will make for him ease in his matter.” (At-Talaq: 4) These are the rulings related to a divorced woman which must be observed. The second matter: If the marriage was valid according to the details mentioned above, then this sister must repent to Allah because she requested divorce without a valid reason. The matter of saying, “I could not love him,” is not a sufficient excuse before Allah for requesting divorce.