Third talaq is final.. BUT there is hope..

butterfly15..

@butterfly15..

Voyager

18

Posted: 10 years ago

#1

I have seen people say that the third talaq is not final. This isn't actually true, almost all websites and books I've read state that the third talaq is irrevocable.

Let me give an example. Say Zain and Aaliya get back together now, but a month later Zain decides he wants to give Aaliya talaq, that would be a fourth talaq, but in Islam there is no fourth talaq. So that clearly shows the third is the last, and no amount of iddah period can reverse the third one.

But there is hope..

In Islam if a man divorces his wife based on false evidence or a false basis, and then finds out his wife was innocent, then the divorce doesn't count. Therefore, Aaliya and Zain cannot be divorced as he divorced her for putting him and his mother in jail, and partly for his father's death, but she has no fault in any of them.

This isn't merely my view, this is the view of Islamic scholars, and fatwa's have been issued regarding this.

I have attached a link stating this ruling, so feel free to check it out.

http://islamqa.info/en/36835

So relax guys. The divorce isn't valid.

Edited by butterfly15.. - 10 years ago

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yayzindagi

@yayzindagi

Beginner

3

Posted: 10 years ago

#2

Ahh, thank you! I was already thinking that maybe Zain uttering divorce in a state of intense anger would be enough of an excuse that this divorce is not valid, but now there is even a clearer answer. 😃😃😃

I want to copy-paste this bit from the link you have sent above though I'd suggest everyone to read it. 😊 Now I can go to sleep. 😆

Shaykh Muhammad Ibraaheem (may Allaah have mercy on him) said:

We have received your letter in which you are asking about your divorcing your wife, and you say that your heard something about her so you got angry and divorced her three times. After that you found out that the news was false, and it was proven that it was not true, and you are asking whether this divorce counts as such or not, because it turned out that she is innocent of what was being said about her.

The answer:

Praise be to Allaah. If the situation is as described, and you only divorced her on the basis of that false news, then the correct scholarly view is that the divorce does not count as such. Based on this, the divorce is invalid and the woman is permissible for you under the initial marriage contract, so there is no need for you to formally take her back or do a new marriage contract. End quote.

Edited by yayzindagi - 10 years ago

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butterfly15..

@butterfly15..

Voyager

18

Posted: 10 years ago

#3

@yayzindagi, thanks for copying some of the link. Hopefully people will see it and be slightly relieved if not completely.😊

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Flower

@ZFA_Flower

Navigator

10

Posted: 10 years ago

#4

Really is it true then so so so much thank you to share this

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butterfly15..

@butterfly15..

Voyager

18

Posted: 10 years ago

#5

Originally posted by: sazebuna
Really is it true then so so so much thank you to share this

I'm pretty sure it's true as it has been stated by Muslim scholars.😊

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Aastha

@craziness05

Dazzler

24

Posted: 10 years ago

#6

Thanks for sharing😊 people need to know this...Hope Cvs know this and there are some other ways also through which ZaYa can be together just hope there is ni RM or halal otherwise I am ready to watch anything...!! *Fingers Crossed*

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yayzindagi

@yayzindagi

Beginner

3

Posted: 10 years ago

#7

Originally posted by: butterfly15..
@yayzindagi, thanks for copying some of the link. Hopefully people will see it and be slightly relieved if not completely.😊

I hope so too. I am glad that through this show I am actually learning more about Islam too. Certain issues spark my interest and I want to know how Islam tackles such issues. :) And yes, I don't rely on TV shows to gather information - I like to go back to the original sources. 😊

In my post here http://www.india-forums.com/forum_posts.asp?TID=4140485 ...I actually shared some possibilities I could think of that would make this divorce invalid.

Is the first utterance of divorce valid when the husband was in a state of anger, there was misunderstanding and compulsion --- basically, he was not in his senses?

I started my research with divorce in the state of anger and you at the same time posted on the case of divorce when it is based on a misunderstanding. How cool. 😃😆

For those who want to read on divorce in the state of anger, they can read here:

http://www.india-forums.com/forum_posts.asp?TID=4140681

So, I guess, based on these information which are from authentic sources, we have solved the mystery of how Zain and Aliyah are still husband and wife. 😃😆

Edited by yayzindagi - 10 years ago

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Sanika

@Legilimens

Rocker

28

+ 3

Posted: 10 years ago

#8

I really cant wait fir monday's epi because only them we will know what is going to happen :)
Cause no matter how much we say the divorce is not valid, these technicalities havr to be shown by the cv's.
so here's to hoping. :)

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yayzindagi

@yayzindagi

Beginner

3

Posted: 10 years ago

#9

Originally posted by: arshipotterfan
I really cant wait fir monday's epi because only them we will know what is going to happen :)
Cause no matter how much we say the divorce is not valid, these technicalities havr to be shown by the cv's.
so here's to hoping. :)

Yep. We have to see how far they have thought and how long it will take Zain and Aliyah to figure out that the divorce is not valid. Also, Rehan said to both Aliyah and Zain to listen to him, so it could mean that he already knows that this divorce is not valid.

He told Aliyah even when he figured out that Zain said talaq that he will talk to Zain and explain it to him and then before she was closing the door, he said that she should listen to him.
He told to Zain that life is a long period and he should listen to the message in the recorder.

Edited by yayzindagi - 10 years ago

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Sofna

@Sofna

Trailblazer

40

+ 3

Posted: 10 years ago

#10

In Islam when 3 Talaq is given marriage Automatically breaks & this is what hapnd to Zaya at the graveyard. Their marriage broke on that spot. Yes there are many conditions in Talaq, but once 3 Talaq is given it's Final... There are no ways around reconciliation cent Aaliyah getting married to someone (not with intention of it being a means to get back with Zain) ..consummation & then if she separates from her 2nd husband.

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