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Questions about my status of divorce and what should I do to remarry


As salamoalaykum Dear Brother

I married a  girl who is my sister in laws daughter and she is living with me in my family ..! She was with us for the last 10 years..but after some time my wife started some doubt about me and her ..! Again and again she created doubts about us then after some time I asked my sister in law’s daughter if she can marry me. She replied  ‘yes’.Then after that we got married in front of Two witnesses and one wali who is a Molana ..! I hid this nikah from everyone in my family ..! Then we met outside and we lived like husband and wife after some time, I sent her abroad for further studies and I planned to settle with her after her PR but between those days she called me and told me that she likes someone else and if I  giver her permission so that she can marry him. She said she would call my aunty and tell her about him ..! I said you are my wife, how can you think about this and we argued then in anger I gave her one talaq on phone …! Then after 5/7 days she started again and at that time I give her 2nd and 3 rd talaq same time over the phone …! After 10 days she came back to me and said sorry and told me, I want to live with you only, call me back from abroad, I don’t want to go anywhere, then we lived together like husband and wife till today. This matter is since last year. Now I want to have a baby with her ..! But now I am confused and for a long, I am getting losses in my business and also my business has stopped..! So I think maybe we r Living illegally  …! So can u answer me ..! Is My nikah over ? ? Or do I have to redo my nikah? Or if this nikah is over then what is my kaffara and What do I have to do to remarry her? Is halala applicable in my case? Or my talaq was not done as we did intercourse before her iddah period was over ..!



Waalaykum al-Salam
Thank you for your question.

If the girl was a virgin when you married her, it was important for her to have the consent of her father or paternal grandfather. Otherwise, the Nikah is void.

As for the 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.

A person saying the words ‘talaq’ out of anger or rage is not counted as Talaq.

For your failure in business, of course, it is important to see the underlying cause and solve it. However, in the meantime, also set aside charity and do good to others. offer this good doing to Allah and ask Him to solve your issues.
recite Ziarat Ashura for 40 days and Dua Tawasul often.

Insha’Allah all goes well.