QUESTION:
I have divorced my wife verbally (three times in a row) while in a fit of anger. We have been apart for more than two months since, but now I wish to get back to her.
I was told that the divorce did not occur because it did not meet the conditions required by Shari’a law. I have little knowledge of divorce rules in Islam, and I need your help and guidance.
Is my divorce considered legitimate, and how can I get back with my wife?
ANSWER:
In the Name of Allah, the All-Beneficent, the All-Merciful.
May Allah bless Muhammad and his Family and damn their enemies.
If the conditions for the divorce were not fulfilled, then the divorce is invalid. In other words, for the divorce to be deemed valid, it must take place in the presence of two ‘’a’dil’’ [1] witnesses of impeccable character while the woman is in the state of ‘’tahara’’ [2] after menses during which no sexual intercourse has taken place.
If neither of these conditions has been met, the divorce would be rendered void, and it would make no difference whether you verbalized the phrase “I divorce you” three or even a thousand times.
However, if the divorce occurred according to the conditions mentioned above, then it would be regarded as ‘’one divorce’’ even if you had verbalized the phrase “I divorce you” three times. After the woman has completed three menstruation periods (i.e., I’daa or waiting period has been completed), the husband may reunite in marriage with his divorced wife with a new marriage contract. It is desirable (i.e., Mustahab) for the marriage contract to be drawn up in the presence of two witnesses but is not necessary
[1] – Refers to an individual who is sincere and obedient to Allah (Exalted be He). Islamically known as a’dil.
[2] – Refers to the state of being ritually pure (i.e., Tahir).
The Office of Sheikh al-Habib