Question
I understand that in Mr Ghamidi’s view divorce should be given on three different occasions instead of three times on one occasion. Correct me if I am misinterpreting Mr Ghamidi. My question is that nowadays husbands divorce their wives three times at a time i-e on one occasion. What is the legal status of this divorce in context of shari’ah and Pakistani laws? Is this divorce valid?
Answer
According to our understanding the Shari’ah has given the husband the right to divorce the wife in three instances. It means that when a husband divorces his wife he can revoke that within the iddah. In some time in future he again can divorce her and revoke the divorce during the iddah. When in future he divorces her a third time he will not have the right to revoke the divorce. This is also acknowledged by the earlier scholars. They call it the talaq according to the Sunnah.
Now if someone violates this ruling and divorces his wife two, three or more times in a single instance his case will be brought before the court. The court can either decide that he has used all three instances of right to divorce or only one. For more on the issue please refer to: http://www.al-mawrid.org/pages/questions_english_detail.php?qid=50&cid=164
Answered by: Tariq Mahmood Hashmi
Date: 2015-02-20
