Read on for the Rube Goldberg-esque series of events that awaits the accidental divorcÃ©e under Sharia (see also: Qur’an 2:229-230) if she wants to remarry her husband.
Surely, she’s feeling profoundly “esteemed” and “elevated” right about now. “Talaq joke on Skype ends marriage,” by Pervez Iqal Siddiqui for Times News Network, October 27:
LUCKNOW: Talaq is no joke. An e-savvy Qatar resident learnt this the hard way when he typed talaq thrice while chatting with his wife on Skype. He says he did not mean it but Dar-ul-Uloom Deoband has ruled that his nikah stands terminated.
That’s not all. For his careless ‘chat’, the man can remarry his divorced wife only after halaala, a practice under which the woman has to marry and divorce another man before she can marry her previous husband again.
Deoband’s fatwa section — Dar-ul-Ifta (DuI) — recently received a written request from Qatar, seeking a fatwa on a rather amusing situation. The youth stated that he was recently chatting with his wife on Skype when he typed the word ‘talaq’ three times, though he did not mean it and asked if his nikah was still valid.
Dar-ul-Ifta shot back that the nikah stands terminated. “When you pronounce talaq three times, it means talaq has taken place, and it does not matter whether the woman has reciprocated or not. Your wife has become ‘haraam’ for you whether you are aware of the commandment of Islam or not. You neither have the right to take her back nor solemnise new nikah with her without a valid ‘halaala’. After the completion of ‘iddah’ (iddat) period, the woman can marry where she wishes except you,” the seminary said.
As per senior Islamic scholars, ‘halaala’ requires the woman to complete her iddat period of 40 days beginning immediately after talaq. During this period she is supposed to stay away from celebrations and socialising.
At the end of iddat, she would have to marry another man who should then divorce her. She will be required to go through another round of iddat only then would she be eligible to marry her “first husband”.