Giving the wife Talaq-ul-Battah
Q: A husband gave his wife Talaq-ul-Battah (emphasized divorce), which cannot be revoked, before the Judge of Al-Hawtah. Since he was forced by his paternal uncles to pronounce this Talaq (divorce pronounced by a husband), he revoked it upon his will and the will of his ex-wife. Is this revocation valid?
A: If the reality is as mentioned, Talaq-ul-Battah which the man has gave his wife is deemed as a major irrevocable divorce after which the woman - if she has consummated her marriage - is not to be lawful for her ex-husband unless she marries another man and this marriage ends lawfully. In Hashiyat-ul-Muqni`, the author wrote: "A husband may say to his wife, with whom the marriage has been consummated, 'You are divorced and I cannot take you back in marriage.' Imam Ahmad (may Allah be merciful to him) commented to this by saying, 'This Talaq tantamount to a major irrevocable divorce. This is my opinion and the opinion adopted by Madh-hab (School of Jurisprudence) Abu Hanifah.'" Accordingly, the revocation is invalid. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Divorcing then recon...
Tags:
Subscribe to our new courses