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Fatwa CenterHusband's signature on a triple divorce
Question
Assalam Wa Alaikum, one of my brother got married on april 26th 2012. & got khula on 9th of august 2012. now that girl wants to come back. she has not married to anyone stills. she has sat for iddah for 40 days only & now she is doing job. my brother also wants her back. on that time when khula was going on in the court my brother sign the khula naama wthout reading the urdu documents( he didn't knw urdu) so in that document they have been written 3 times maine aazad kiya below that my brother got signed. so tell us the shariyath procedure how we can proceed for the re-marriege. we consult one mufti here he told that it is not possible to remarry, coz that 3 times words converted into talaq. so please guide us for remarriege of there both according to islamic shariyat, i appriciate your response as soon as possible. Allah Hafeez.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Firstly, we could not get the meaning of the sentence in Urdu "maine aazad kiya" and thus it is not clear to us.
Secondly, if the Sharee‘ah-based court stated that uttering divorce thrice takes effect and that such wife has become irrevocably divorced with major separation from her husband, then the judge is fully aware of his judgment. There might have been some circumstances that he reviewed and based his ruling according to them while you did not know them, and thus you did not mention them in your question. Hanafi jurists have stated that if the husband has intended with Khul' to divorce his wife three times, then three divorces take place.
Thirdly, the ruling of the judge cannot be overruled except if it goes against consensus of scholars, text from the Quran and Sunnah, or sound analogy as stated by scholars.
In conclusion, we have nothing to say on this case if the judge of the Sharee‘ah-based court has said his word about it, and if there is any unclear matter, you can refer to that court.
Allaah Knows best.
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