Fatwa #4542023 June 2022Canada
Not a valid reason given for divorce - Does it take place?
Question
A boy proposed a girl. Both are students so parents decide to do nikah only. The boy secretly has sexual relationship with the girl without rukhsati. When girl asks for rukhsati and he refuses she argues. The boy divorces her giving the reason that she is stubborn and disobedient to elders. The boys mom admits that this was not a valid reason for divorce. Is there any punishment for this boy in the light of Islam?
According to some school of thought, there is no existance of 3 talaaq in one sitting in the Quran. Therefore if 3 talaaq are given in one sitting it only counts as one. I have also read that many Islamic countries who follow shariah law also keep the same law. Is this true?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We apologize for our belated response.
1. In principle, once the Nikah is performed, the woman becomes Halal for her husband. It is permissible for them to engage in sexual relations regardless of the Rukhsati taking place or not.
In the enquired situation, we understand that the husband should not have hastily issued a divorce. The matter should have been civilly discussed with both families as it is a sensitive matter considering that the both of them were students.
Nevertheless, if the husband uttered the words of divorce, the divorce will still occur regardless of his reasoning.
2. In principle, if a person gives his wife three divorces in one sitting, this will constitute three talaqs and talaq-e-mughalazah (a permanently irrevocable divorce) takes place.
You may refer to our detailed research on that at: http://www.askimam.org/public/question_detail/17287
And Allah Ta’āla Knows Best
Hammad Ibn Ismail Jogiat
Student Darul Iftaa
Cambridge, Ontario, Canada
Checked and Approved by,
Mufti Ebrahim Desai.
(2020-10-27)