Divorced for Third Time but Husband Did Not Want Divorce
Fatwa No: 448795

  • Fatwa Date:14-10-2021 - Rabee' Al-Awwal 8, 1443
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Question

طلقني زوجي للمرة الثالثة. ومع ذلك ، لم يكن يريد ذلك ، ضغطت عليه ، لكنني لم أرغب أيضًا في الطلاق ، ولكن فقط لإجباره على تغيير سلوكه. ممكن نعود معا مرة اخرى ؟؟؟ النية مهمة والزوج لا يريد الطلاق

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If your husband had uttered the explicit word of divorce, while he was aware of what he was saying, and he said that voluntarily and not under compulsion, then his divorce has taken place, and there is no consideration to the fact that he did not want to divorce.

Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Al-Mughni:

"Explicit divorce does not need an intention; rather, it takes effect even if the husband does not hold the intention of issuing a divorce, and there is no difference of opinion among scholars in this regard." [End of quote]

Since this is the third divorce, then you have become irrevocably divorced from him. He has no right to take you back unless you marry another husband – a serious marriage and not a Tahleel marriage – and he consummates the marriage with you and then divorces you or dies, and your waiting period from him expires.

However, if your husband did not utter explicitly the divorce, but he only uttered one of its metaphors, then this depends on his intention. Therefore, it is more appropriate for your husband to present the issue to the scholars who are trustworthy in their knowledge and religion and explain to them what he had uttered and what he had intended.

For more benefit that metaphors of divorce lead to divorce if husband intended divorce, please refer to Fataawa 332467, 327250, and 432442.

Allah Knows best.

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