Divorce issue while being pregnant

27 Sep 2018 Ref-No#: 1045

Assalamo Alaikum
I need a help regarding my divorce issue. I’m badly stuck and have very short time to fix this issue since my in laws are badly forcing my husband to file a divorce in court asap. So i really need a fatwa asap so that if there’s something left in out marriage then i can save it. My husband is very nice but for no reason my in laws are so against me and they were forcing my husband to leave me else they’ll leave them so he was so pressurize like so much that he was actually seeing psychiatrist and getting help from counselors in all this time.. Please please reply me fast i really need a fatwa soon.

I have three questions
First,

Me and husband had an argument in which my husband issued 2 divorces at once. He used “ i divorce you” these sentence, so my question is issuing all these divorces at once counts as one or full irrevocable divorce because i heard if a man issues 1,2, or 3 divorces at once it only counts as one as it mentioned?

My second question is,
I am sure i heard in hanafi’s or even in all the other views its same that if a man issues divorce in extreme anger then it doesn’t count at all? In extreme anger, my husband who never yells shout or gets mad on anything. In an argument he was so extremely out of control that he was trying to get out of the house but i was super upset so i forced him literally i hold his hand and pull him inside the house and he got so mad. He started yelling and shouting.. then he was trying to avoid me but i was kept on asking him questions so he got so mad he got so out of control and he started saying things which he never said in his life and in that anger he said i divorce you and literally to make him quite i put my whole hand in his mouth to make him shut. And after that he was so blank like nothing happened and he was so out that he had no idea what he just said or did. He had no intention of saying a divorce word. He was soo extremely mad. It was a level of insanity. He he had no idea what he was saying or doing. So in that saying a divorce one or two times does it count at all?

3. my third question is, is a husband issues 2 divorces at once and then the wife goes to her parents house and they don’t make up (no rujo or no intercourse) at all, in that iddat period can he issue another divorce or not until they make up?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The best is to get the ‘Ulama (scholars) of your area or elders of your family/community to sit with your in laws and discuss with them the reasons why they are pressurizing their son to divorce you. Perhaps they have some concerns; or, seeing that two divorces have already been issued, they can get to the root of the problem.  If there is no shortcoming or minor issues on your path, those ‘Ulama can advise your in laws accordingly.

As for your direct queries:

1) If a husband issues one or two divorces with the words that you have quoted, then two revocable divorces will take place. This means that during your ‘Iddah period, your husband may take you back without any need for a new Nikah. After the ‘Iddah, you will have to make Nikah again.

2) The ruling on divorce in anger will depend on the intensity of the anger.
If your husband was so angry that he really had no control over his senses at the time of uttering those statements, then the divorces issued in that state will not be effective. Here your husband will have to be truthful between himself and Allah. He should realise that Allah knows everything, and if he knew what he was saying and had control over his statements, then living with you will be prohibited and tantamount to Zina (fornication).

3) Divorces during ‘Iddah and after the ‘Iddah are valid and binding. On another note, in a case of revocable divorces, the wife ought to make ‘Iddah at her husbands home. Nevertheless, whether she goes to her parents home  or stays at the husbands home, if the husband issues any divorce, that divorce will take place.