QA-ID-0011
QUESTION
The husband said I with the name divorce you three times but the girl did not hear this at the time and it was her parents on the phone who was saying say it because she wants it but she didn’t want it and didn’t say anything. And then she emailed our family and said she didn’t want the divorce the parents lied to make him say and and they threatened her that if she doesn’t say it then we are going to harm her but she had no intention in her heart for it and the guy didn’t have no intention he had to say it out of fear because of the parents lies.
ANSWER
﷽
The following is the answer to your question based on the details provided:
The husband has uttered the words of talāq thrice to his wife. Three divorces have occured and the woman is out of the man’s nikah by consensus of all four schools. He cannot remarry her or stay with her without halālah.
The various explanations you have mentioned are not relevant and have no bearing on the talāq occuring:
Whether the wife hears the words of talāq or not, the talāq occurs.
Whether the wife wants the divorce or not, if the husband utters the words, the talāq occurs.
Whether the husband was lied to and compelled by his parents or others to say the words of talāq to his wife, the talāq occurs.
Therefore, in the scenario you have mentioned, three divorces have certainly occured and the woman is out of the man’s nikah completely. He can only remarry her after halālah.
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
