Title

The Husband leveled the Charges of Adultery against his Wife and Mother-in-law. He through his representative gave ONE DIVORCE (TALAAQ- E-RAJI) to his Wife on this ground

Question

The Husband leveled the Charges of Adultery against his Wife and Mother-in-law. He through his representative gave ONE DIVORCE (TALAAQ- E-RAJI) to his Wife on this ground without any evidence / proof. After about one month of ONE DIVORCE, the Wife and her father communicated him of   filing the Case in the Country’s Court of Law for legalization of Divorce for reason of his failure to prove his Charges / allegations. The Husband in return REVOKED this ONE DIVORCE, keeping his Charges of Adultery against his Wife and Mother-in-law alive. The Wife and her father not responded and not accepted his revocation of ONE DIVIORCE for reason of keeping his Charges of Adultery against his Wife and Mother-in-law alive. The Husband through his representative desired reconciliation which subsequently he rejected when willingness for reconciliation was shown by the father of the girl. Thus, during the IDDAT PERIOD, no actual and true efforts were made by the Husband for reconciliation of the issues aroused due to his illegal and unjustified actions and his revocation of ONE DIVIORCE remained  unacceptable.  Meanwhile, the IDDAT PERIOD completed. I am the father of the girl who is in distress along with me. Given the above circumstances, I want to know in the light of Quran  and Hadith as to whether the Islamic Absolute Divorce affected on the completion of IDDAT PERIOD. Jazakallah.                   

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Talaq is a very detestable act. A person should not be hasty in giving divorce. Only after using all avenues in trying to solve any dispute between the parties, then as a last resort should one only give divorce. Nabi صلى الله عليه وسلم said:

عن ابن عمر عن النبي صلى الله عليه وسلم قال أبغض الحلال إلى الله تعالى الطلاق سنن أبى داود

Of permissible acts the most hated to Allah Ta’ala is divorce. (Abu Dawood)

Accusing chaste women is indeed a very grievous sin. It is imperative for such a person to sincerely repent to Allah Ta’ala and ask those who he accused for forgiveness. Allah Ta’ala says in the Noble Quran:

والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداء فاجلدوهم ثمانين جلدة ولا تقبلوا لهم شهادة أبدا وأولئك هم الفاسقون (4) إلا الذين تابوا من بعد ذلك وأصلحوا فإن الله غفور رحيم (5)

Those who accuse the chaste women (of fornication), but they do not produce four witnesses, flog them with eighty stripes and do not accept their any evidence any more. They are the sinners, except those who repent afterwards and mend their ways; then, Allah is All-Forgiving, Very-Merciful. [24:4-5]

If a person issues his wife a revocable divorce (talaq rajee), and he subsequently revokes his divorce, then the divorce will be revoked irrespective of whether the wife agrees or not. Therefore, the marriage in reference is still intact.

الاختيار لتعليل المختار - (ج 3 / ص 180( دار الارقم

(وللزوج مراجعتها في العدة بغير رضاها ) لما تلونا (وبعولتهن أحق بردهن  [ البقرة : 228 ]) ولا خلاف فيه ، ولأن قوله تعالى : ( في ذلك ) أي في العدة لأنها مذكورة قبله ، ولقوله تعالى : ( فأمسكوهن بمعروف )[ البقرة : 231 ] والمراد الرجعة لأنه ذكره بعد الطلاق ، ثم قال : ( أو فارقوهن بمعروف ) [ البقرة : 231 ] ولقوله عليه الصلاة والسلام لعمر : ' مر ابنك فليراجعها ' .قال : ( وتثبت الرجعة بقوله : راجعتك ورجعتك ورددتك ، وأمسكتك ) لأنه صريح فيه . قال : ( وبكل فعل تثبت به حرمة المصاهرة من الجانبين ) لقوله تعالى : ( فأمسكوهن بمعروف)

And Allah knows best

Wassalamu Alaikum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa