Question:
Assalamualaikum, I follow shafai school a year ago in 2023 January ending I gave 3 divorce to my wife later we reconciled as 3 divorce at once is considered 1 in our school of thought then in May2023 my wife claims I issued 2nd divorce when I was drunk in morning i did not remember then we asked mufti sahab he told if you were drunk the divorce is not considered valid then we lived together until 19 January 2024 for my drinking habits my wife left me my friends told me give her a paper from shariah board stating that you will not drink again life so me and wife visited shariah board our life story was told to them they said you people are divorced from 1 year living in haram relationship you will be financially in more trouble leave each other a live separately my wife seriously considered this and moved out of home completely with my 18 months daughter , I have a fatwa too from mufti sahab stating my nikah is good and we can still live together like husband and wife . I don't know why shariah board did this as divorce was not the matter for which we visited them please give some solution written fatwa and a recording which can help me convince my wife to move back to home and life .
Answer:
In the name of Allah the most gracious and the most Merciful,
Wa alaikum Salam wa rahmatullahi wa barakatuhu,
If a man pronounced three divorces at once by stating to the wife: “I divorce you three times” or by saying: “I divorce you”, three times, then three divorces will be effected and the divorce will be irrevocable. The woman will be free to re-marry another man after the termination of her Iddah. She cannot return to her former husband’s marriage unless she is divorced once again from her second husband.
This is the position held by all the Sunni schools of Islamic law, i.e., Hanafi, Shafi’i, Maliki and the Hanbali. This was also the view of the overwhelming majority of the Sahaba (Allah be pleased with them all) and Tabi’in (followers). Only the Ja’fariyya sect amongst the Shi’a and those who followed the literal meaning of the texts, like Imam Ibn Taymiyya and his student Ibn al-Qayyim differed with this view. There view, however, was not accepted by the majority of the Ummah. (See Ibn Qudama, al-Mugni, V: 7, P: 104)
Therefore when you gave 3 divorces to your wife, 3 immediately were in effect. You and your wife are no longer in a relationship of nikah, Shariah board gave the right verdict, you must live separately now.
Drinking alcohol is a major sin in Islam, may Allah give you the power to stay away from it and forgive your past sins.
And Allah knows best
Mufti Umer Farooq Saleem
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