Fatwa #2631614 September 2013United Arab Emirates
Talāq of a virgin under compulsion
Question
I belong to FIQA-E-HANFI. My husband also belongs to Fiqah-e-Hanafi.
I married (ONLY NIKKAH) without my parent’s permission and without bringing it into their knowledge.
Me and my husband did not have any sexual relations as being husband/wife. We didn’t not even stay together after the Nikkah.
My husband was threatened by his family to be put in to imprisonment for 6 years, which could badly affect his business and life and he was FORCED to divorce me.
He sent me a divorce written on paper 3 times and signed by him FORCEFULLY. He did not want to divorce me.
He(my Husband) says he sent divorce to me because he thought that we could wasily re-marry again with each other because we did not have any physical relations.
Can we both marry each other again without doing hallala ?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islām,
We sympathize with the traumatizing situation both of you had to face in your marriage. We make du’ā that Allâh grant you the courage to overcome this challenge. Ameen.
In order for us to give a definite ruling on the query, we request you to confirm/provide us the following information:
- Both you and your husband never stayed together in solitude after marriage.(Solitude after marriage means for both husband and wife to be behind closed doors in a situation where nothing prevents both of them from conjugal relationship.)
- When you state that your husband wrote the three talāqs, what did he exactly write?
You may send your correspondence to the email address: admin@daruliftaa.net so we can process the issue swiftly.
And Allah Ta’āla Knows Best
Khalil Johnson
Student Darul Iftaa
Canada
Checked and Approved by,
Mufti Ebrahim Desai.