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Divorce Matter.

Q:

AssalamuAlaikum,
My Name is Mubeen and i am writing this msg from Chicago. Me and my wife are having lots of marital problems from day 1. Issue of understanding each other in situations that come up in daily lives. Especially in last 1 year everytime we have an arguement and a fight she ask for divorce like she has been consistent for almost over a year..this continues all the time we have fights almost every week. It gets so bad that sometime it has been physical unfortunately..i myself being husband has always upposed the idea of divorce or separation. And i would tell me wife all the time dont day this from your mouth all the time i dont like it and sometime you dont know about “kaboliyut ka waqt”. She even one day during our fight said to my mother in law infront of me that she cannot live with me its a turture i dont understand anything he is a turture to me.i cannot live with him anymore..to my shock she agreed and suggested to decide what you want to decide and its life things happen its difficult but make a decision and i will take you to my house…i was shocked and very very sad to hear this…then i seriously started to think maybe thats how its going to end and instead of prolonging for too long. I made my mind to end this suffering for both of us. Once and for all…at 4 different occasions we both agreed that i will leave and get paperwork started for divorce to end this marriage..each time somehow we backed out….but last 2 days we had another fight and i was given no choice but to leave n divorce to end suffering for both of us…as i was leaving for work the next morning she came outside the house towards my car angry and asked me to divorce her before i leave i tried to avoid several time but she pushed me and i gave in and i gave her 3 talaqs at once…now everything has changed she is sorry about everything she is sad and said she never thaught i will divorce her so she was bluffing all alonge….but i had made up my mind to end this suffering once and for all its better for us and our kids instead of fighting everyday infront of kids…now she is asking me to not to leave her she is sorry she was wronge and me on other hand had madeup my mind dont know what to do next..she is begging me not to leave. Find out if this talaq is final or not she was on her periods at the time..pls kindly guide thru…i myself dont know what to do or say now….its a difficuly situation…its been going on for so long that i think it will happen again as it has few times before but never talak i had said i will get the paperwork going….i think its a temporary face she is afraid of her family what will they think and happen..but keeping my emotions aside i dont want this to happen again hopefully.

My question is did divorce took place when i said those words…or if there is a reversal and what that it just incase…thank you looking forward to your reply. ALLAH Hafiz

A:

Waalaykum Salam,

Thank you for your Question

The following is according to the Shia sect.
For a divorce to be correct, it has to have the following conditions:

1- You have to have two believing adults as your witness
2- The woman has to be clean of her menstrual period and also shouldn’t be pregnant
3- Proper Arabic words need to be uttered for the act to take place.

Best wishes
Naajiya.S.Jaffery.

With thanks and regards,
Ask An Alim Team.