Saturday, December 18, 2004

3 divorces, spouse's request to cut off relatives

Question: I have heard that if a man says that he will divorce his wife 3 times then the divorce is complete. Can you please provide elaboration on this subject from a Hanafi standpoint.

Answer: If he said "I will" then this is not divorce, but a threat of divorce in the future. However, if he said something like, "You are divorced three times!" then this is 3 divorces in one, and they cannot remarry until she has married another person and had intercourse in that marriage. This is by consensus of the reliable scholars of Islam.

Question: I would especially like to know if this applies when someone says something like that in a state of anger. If it does mean that the marriage is over, what should the wife do once the 'fit of anger' has passed??

Answer: If they are alone, and he has divorced her three times, then they are not allowed to stay together alone, because her husband is now like a stranger to her. She now needs to perform her ^iddah. Anger or joking is not an excuse in marriage contracts and divorce if their conditions are met.

Question: If the husband tells the wife not to meet with her relatives simply because he hates them (no reason) should the wife cut off all connections with those relatives?

Answer: No, she has the right to see her parents once a week, and her uncles, ants, brothers and sisters once per year at least.