| Question ID 563 - Divorce - 2013-07-06 06:00:01 |
| Asslamoalaikum wa rehmatullah,
My name is Qasim Hussain Malik, S/O, Malik Mohammad Ishaq.
I am a Pakistani and working in the State of Kuwait since 1998.
I would like to seek your guidance in the regard of divorce as I did a sever Mistake and Sin,
I got married on 11-03-2010 and on date 05 April 2010 I came back to the state of Kuwait where I am working. She got pregnant but after that some clashes happened between my wife and my family and she went to his father's home. upon this I got angry and when she did not returned back on my several instructions and calling on phone from Kuwait to her which lead to more quarrels and in the same state of anger one day I told her that I am giving you divorce (this was 1st time) and I told her that if she continued the same after the certain period I must give the 2nd one, later on she told me that when I come back to Pakistan she would come to me and live with me and my family according to my wish and for the time being I should let her stay in her father's house then on 29-12-2010 she gave birth of my son. Due to some job problems I could not go on the same time and in the month of August 2011 I went to Pakistan and I told her to fulfill her promise but when she came to my house again she did a serious mistake which I did not like and a huge quarrel took place, some of my family members and some neighbors came and they provoke me to divorce her, I again came in a flaming condition and told like this" yes talaq is given" and in my mind I considered this as 2nd. then after 2 weeks on provoking of people from my family and in the condition of anger I went to district court and took one Stamp Paper and mentioned 3 Talaqs on paper and sent to her through mail but did not pronounce before her which she told me later that she were in the state of periods (menses).
Then I came back in Kuwait and now my son is also 2+ years and with time passage I recognized that a part from all her mistakes and disobeying I did extremely wrong to her and my son also. Later I got some information that some of our family members also did MAGIC on me and my wife or my mother to get separated and to not live together with peace and under that circumstances I went wrong and did all this.
Now seeing the above, I would humbly ask that if in a Magic condition some decision is taken then how one can justify and find it as correct because there is no any authenticity to prove it, and if it is proven then the decision is made is valid or no? furthermore the I gave Talaq is a valid way according to the Shariya?
Now me and my wife want to compromise for our sake and for our son also.
I need your guidance in this regard to not happened anything irreligious and against the Shariya.
Thanking you and Jazak Allah.
Qasim Hussain Malik
0096566417253
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Answer:- None of the three Talaqs which you think that you gave is valid, because
Talaq in Islam has many conditions including being away from anger and it
must be witnessed by two pious men.
Your wife is still your wife as no valid Talaq was declared at all.
This is according to the authentic evidences from the Prophet (SAWA) and
his Ahlul Bayt (AS).
WAssalam.
Mohammad al-Musawi
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