Fatwa #288477 April 2014United Arab Emirates
Has divorce taken place in such a situation?
Question
I am a sunni Muslim following Hanafi rules. 3 years back I told my wife "I divorce you" three times at once in sound mind. We live in one house and Since then we have never been sleeping together and never involved sexually. She thinks that divorce has occurred and it is haram so we never touched each other. Kindly clarify if the divorce has taken place or not.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The three divorces issued by you constitute talāq mughallazah (permanently irrevocable divorce)[1] and the ‘iddah has also expired.[2] It is incorrect for both of you to be living in one house. As such, you should live separate immediately. You may only remarry her if she consummates her marriage with another man and observes the ‘iddah after he divorces her.[3]
And Allah Ta’āla Knows Best
Hisham Dawood
Student, Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net