Originally posted by: -Directioner-
hey guys i want to know the actual divorce procedure in islam. I have been lately following BI and they showed that it took d months to divorce but here faiz n haya r already divorced help pls...
As far as I know; divorce papers are just a formality in Islam and they don't really matter because if the husband wants to divorce the wife he can. As soon as the husband says "talaq" three times then he has divorced the wife. Signing divorce papers is not really a must, it's just like signing a marriage certificate which is not an obligation.
After consulting a Sheikh in uni because I was also confused about this, this is what he told me to be exact:
"Some Sunni schools view a triple talaq when the husband says "talaq" three times in a row. But other Sunnis and Shias view this as one single divorce. Many scholars debate about this."
When I asked about the Halala Nikah (I hope that's what it is), here is what he said:
"In countries where they view a triple talaq as three different divorces when the husband says "talaq" three times, then the wife is no longer lawful to him and he cannot marry her again until she is married to someone else who divorces her on his own grounds and not because she wants to get married to her ex-husband. In some circumstances, where the second husband divorces her or dies; then there is no fault on the woman and she is free to return to her first husband after 'iddah' is observed. Iddah is the period a woman must observe after a divorce or the death of her husband. This is a period of abstinence from sexual intercourse. The 'iddah of a woman divorced by her husband is three monthly periods, unless she is pregnant in which case the 'iddah lasts until she gives birth, or unless the marriage was not consummated in which case there is no 'iddah. For a woman whose husband has died, the 'iddah is for four lunar months and ten days after the death of their husband, whether or not the marriage was consummated. The 'iddah of a woman divorced by her husband is three monthly period, unless she is pregnant in which case the 'iddah lasts until she gives birth."
He also said there must a halala nikah which was not pre-planned where they agree to have a divorce after they get married so she can go back to her first husband. The Sheikh said this will mean that she has had an illegitimate relationship. He said that Prophet Muhammad PBUH has cursed such men and women who have a pre-planned halala nikah. He quoted an Iman named Sufian Sauri who says "If someone married a woman to her halala for her ex-husband and then wants to keep her as wife, he is not permitted to do so unless he solemnizes a Nikah afresh, as the previous Nikah was unlawful (where they agree for a divorce later in the marriage)." (Tirmizi)
So as far as this goes, BI and QH follow different Mazhabs I think. Where Faiz just said "Talaq" three times in a row where Zain in BI had a gap when he divorced her pointing out that he had given Aliya three different talaqs.
I know this is long, but it's all I know 😳
I hope it's of some help.
Sources: Sheikh and Scholars from uni, my books and a little bit of Islam channel.
P.S- I am NOT Muslim; this is what I know from studying the religion. Do correct me if I am wrong.
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