3 talaaq before Khalwat saheehah

Question ID: 
88
Ano*** asks:

Question

I need your advise regarding my nikah. My nikah was done on papers. i mean only one witness came to me and advise where i have to sign on nikah contract. verbally i was not asked about my consent so is my nikah valid? Same day i informed my mom that y didnt wakeel or witness asked me about my consent. why proper islamic procedure was not followed?? She simply smiled and said nikah process was conducted. please clarify in accordance to the light of sunni muslim islam say in this regard? Few months later me and my husband had arguments on phone. He was extremely angry and he gave me 3 divorces on phone before ruksati .. later he told me that he was not aware about 3 divorce considered 3 for girl who has no physical relation with husband. he thought three talaq at one time is considered as one divorce. So kindly advise if my marriage is over. Can i remarry my husband without halala? Me and my husband really dont want to end our marriage. Note: We didn't spend any time together (in a closed room), not even ten minutes. His exact words were: mein talaq deta houn. He said this 4 to 5 times

Answer

The Fact that you did not oppose the nikah, but only was not asked for consent the nikah was valid. As mentioned by you that you and your husband did not meet anywhere that might have given you the chance to have physical contact, so khalwat-e-saheehah (valid retirement) is not established. Your husband gave you talaaq by saying 4 to 5 times " Mein Talaaq deta houn", so the first time he said "Mein Talaaq deta houn" was effective as talaaq and the nikaah was broken without having necessity to observe Iddat as it was given before being in seclusion with him. The remaining talaaqs are not effective as it was given when you were already completely out of his nikaah without any need to observe Iddat. According to Shariat in this case you may resume conjugal life by renewing your nikaah without any need for Halalah. But your ex-husband will have the power of only two remaining talaaqs as one talaaq is already pronounced.