The ruling on a person who pronounces divorce more than three times while ignorant
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The questioner : There are many Muslims today who are not knowledgeable about the teachings of Islam, and for example, they have pronounced divorce on their wives more than three times. Does this divorce take effect for them or not? And what is the evidence for that?
The Shaykh : A question like this, in reality, should be addressed after the divorce has occurred, or rather, immediately after the divorce occurs, and not after it has become a thing of the past. For example, even if these people, as you say, are ignorant, but despite their ignorance, if one of them divorces his wife, he in turn goes to one of the shaykhs and asks him, recounting the story to him, or perhaps he goes to the Sharia court and claims so, recounting the story to them, and they rule against him that the divorce has taken effect. This divorce is executed, whether it was correct or incorrect.
Therefore, explaining the issue by saying that these people are ignorant does not benefit them in any way after the ruling has been executed. However, before the ruling is executed, there is undoubtedly a great difference between a person who divorces without guidance from his Lord, or to put it more accurately, a person who rules that the divorce has occurred from that ignorant man, and this judge who rules without guidance. There is a difference between this and one who holds fast to the Book and the Sunnah and does not rule that the divorce has occurred unless it is in accordance with the Book and the Sunnah. This is what can be said regarding this answer. As for saying, "No, their divorce has not occurred," when they have already issued a ruling that the divorce has occurred, and the wife has perhaps become forbidden to him, and she may have married someone else, there is no effect to such a question. Perhaps the questioner intends something other than this in reality, I do not know.
The questioner : A final question. Some Muslims residing in European countries marry from among the People of the Book without witnesses and without a contract that is recognized in the Sharia. Then the marriage is consummated either through the Europeans or without attestation. Then, upon returning to the country, they look for a way to dissolve the marriage. What is the ruling on this marriage in the Sharia, and how should one act if he wants to make it a Sharia marriage?
The Shaykh : This is a batil (invalid) marriage by the text of the hadiths that have been transmitted: "There is no marriage except with a wali and a just witness." This is undoubtedly zina (unlawful sexual intercourse). There is no way to address such zina except for the husband and wife to repent with sincere repentance, and then they contract a new marriage in accordance with the Sharia. There is no way and no solution except this.
The Shaykh : A question like this, in reality, should be addressed after the divorce has occurred, or rather, immediately after the divorce occurs, and not after it has become a thing of the past. For example, even if these people, as you say, are ignorant, but despite their ignorance, if one of them divorces his wife, he in turn goes to one of the shaykhs and asks him, recounting the story to him, or perhaps he goes to the Sharia court and claims so, recounting the story to them, and they rule against him that the divorce has taken effect. This divorce is executed, whether it was correct or incorrect.
Therefore, explaining the issue by saying that these people are ignorant does not benefit them in any way after the ruling has been executed. However, before the ruling is executed, there is undoubtedly a great difference between a person who divorces without guidance from his Lord, or to put it more accurately, a person who rules that the divorce has occurred from that ignorant man, and this judge who rules without guidance. There is a difference between this and one who holds fast to the Book and the Sunnah and does not rule that the divorce has occurred unless it is in accordance with the Book and the Sunnah. This is what can be said regarding this answer. As for saying, "No, their divorce has not occurred," when they have already issued a ruling that the divorce has occurred, and the wife has perhaps become forbidden to him, and she may have married someone else, there is no effect to such a question. Perhaps the questioner intends something other than this in reality, I do not know.
The questioner : A final question. Some Muslims residing in European countries marry from among the People of the Book without witnesses and without a contract that is recognized in the Sharia. Then the marriage is consummated either through the Europeans or without attestation. Then, upon returning to the country, they look for a way to dissolve the marriage. What is the ruling on this marriage in the Sharia, and how should one act if he wants to make it a Sharia marriage?
The Shaykh : This is a batil (invalid) marriage by the text of the hadiths that have been transmitted: "There is no marriage except with a wali and a just witness." This is undoubtedly zina (unlawful sexual intercourse). There is no way to address such zina except for the husband and wife to repent with sincere repentance, and then they contract a new marriage in accordance with the Sharia. There is no way and no solution except this.
Source
سلسلة الهدى والنور، المجلس 1297 — d3watuna.com (24:10)
The Arabic text is a machine transcription of the audio recording.
