22nd February 2021
Question: My husband and I have been married since 2015 and have faced many problems between us which led to me leaving him when I was pregnant with my 2nd child with him in 2017 and have just lived separately since. He has uttered talaq once when I was pregnant in 2017. Once a while ago when I was on my menses and he used the word talaq 4 times just a week ago now. He says he has said it in anger and he regrets it. Are the divorces valid?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your case, if what you have said is true to its very nature then all divorces have taken into effect even if he issued them in anger. Regardless if he divorced you during pregnancy or menstruation, the divorce is valid though sinful. You mentioned that he issued a divorce whilst you were pregnant and during your menses. If he issued a single divorce on each of these two occasions then the husband usually has the right to withdraw from them until it reaches to a third divorce. The effectiveness of the divorces following a single divorce depends on whether he took them back or not. So, if he divorced you once during pregnancy and then took it back then the other divorces, he gave you during your menses and after that take into effect. If, however he didn’t withdraw from his divorce until you gave birth then the marriage officially dissolves and the divorces issued thereafter are not counted because by then, you both were no longer considered his wife. But assuming that he did withdraw from the first divorce (during pregnancy) before child birth then this means only two divorces remain and the divorce he issued during your menses was now your second divorce. Again, assuming that he took you back thereafter within three menses, then from the four divorces he issued only one of them constitutes to the third and the remaining three are invalid because now you have received the maximum three including the previous two divorces. According to the Islamic principles, a non-pregnant woman must observe a waiting period of three menses at her husband’s accommodation during which she is still entitle to basic financial maintenance. After completing her waiting period, the marriage officially dissolves and is free to marry elsewhere.
[Allãh Knows Best]
Written and researched by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department