My husband issued three Talaaq's through a stamp and signed by witnesses, am I divorced according to the Shariah?

  • 09 Jul 2012 07:49:35
  • Spain


My husband gave 3 talaqs (1,2,3 talaq and bain talaq) to his wife through a stamp with signed and whitness also notery public. again prepare 1 talaq notice through kazi office. and send 1 talaq notice to his wife. didn't sent the 3 talaqs notice. and withdraw 1 talaq notice through the Bangladesh city corporation within 80days as per law of Bangladesh and living together. As the wife didn't get any information about the 3 talaqs(stamp) what is the solution in the islamic sharia? is the marriage still valid? if not valid what they have to do? For your kind information they have also 2 childrens. and my got second marriage and hide this to his first wife. Now that guy said he wanted to gave warning to his wife not full talaq.Plz give us solution.


In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If your husband  issued three Talaaqs in writing, the three Talaaqs are valid and considered as Talaaqe Mughallazah (permanently irrevocable divorce).[1]  It is not a condition for the validity of the Talaaqs that you receive the divorce certificate/document.[2] The subsequent divorces will not be considered. The implications thereof being that the Nikaah terminated at the point when he issued the three divorces and you cannot live as husband and wife together. You should immediately separate from you husband.

Your iddat will be counted from the time your husband issued the three divorces.

If your’ll stayed together as husband and wife after that, that is a sin for which your’ll should make Tawba and repent.

 Should you wish to re-marry you ex-husband, you will have to marry another person, consummate the marriage and then make a new Nikaah with your ex-husband.

and Allah Ta'ala Knows Best

(Mufti) Ismail Desai
Chairman: Shariah Board & Fatwa Committee
Darul Iftaa, Durban, South Africa

Further References:

1 الكتابة علي نوعين مرسومة و غير مرسومة و نعني بالمرسومة ان يكون مصدرا و معنونا مثل ما يكتب الي الغاءب و غير المرسومة ان لا يكون مصدرا و معنونا هو علي وجهين مستبينة و غير مستبينة فالمستبينة ما يكتب علي الصحيفة و الحاءط و الارض علي وجه يمكن فهمه و قراءته.و ان كانت مستبينة لكنها غير مرسومة ان نوي الطلاق يقع و الا لا و ان

كانت مرسومة يقع الطلاق نوي او لم ينو.رد المحتار.236/3.كراتشي.

[2]  فتاوي محموديه، ج 18، ص 259-260، محموديه

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