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A Muslim sister was married some time back and just few days later she discovered her husband was having an affair and zina with his elder brother's wife. And when she said anything about this, he used to physically beat her, as well as force her into bed and openly say "I don't like you" and always spoke very abusively.

Some time later he said to her "I give you talaq 3 times" and she returned to her home and elder people from both the families sat and mutually agreed for divorce at girl's residence.

She became pregnant. As they were processing for divorce from court, he left the country and went to Malaysia without notice. After two years, he wants to come back and take her back.

What is the status of their marriage?

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  • "her said i give u talaq 3 times" - he said to her, or she said to him? i have edited it as "he said to her" and my edition is under review for now.
    – qdinar
    Commented Sep 6, 2015 at 12:28
  • @user14022, I recommend you to read the following sites “as more helpful info.” . Everything About Divorce (Complete Book) . / . Conditions Of Divorce? . / . How To Do Divorce? . / . Divorce-Khul’? . / .
    – اللهم صل علی محمد و آل محمد
    Commented Feb 21, 2016 at 10:08
  • I guess what you meant is that she was pregnant (but didn't know) when he pronounced talaq. I have a lack of knowledge in talaq matters but IMO there are two things to check, is the talaq valid if he didn't know she was pregnant, was the talaq valid at all... and if so, and they want to get together he must re-marry her, as her 'idah has passed long ago, this means he would be a foreigner if talaq applies until they got a new 'akd an-Nikah!
    – Medi1Saif ♦
    Commented May 3, 2016 at 8:41
  • full or partial duplicate of islam.stackexchange.com/q/103
    – qdinar
    Commented Jul 26, 2016 at 9:19

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If he divorced her, "3 talaqs" is just an error and they divorced only once. Decision of families and decision of court is not needed for husband to divorce his wife islamically, as far as i know, so probably that was not islamic court. (The families decided to divorce and decision of court is not known for us).

After so long time, waiting period has completed. So, they are divorced now. As divorce is completed, he cannot just "take her back".

They can marry again, if they both agree.

I am sorry I am lazy to search for proofs for now. See https://en.wikipedia.org/wiki/Divorce_in_Islam and https://www.google.com/search?q=talaq for now.

i am going to write more detailed answer about triple divorce in Just reciting "Talak" thrice commits divorce? .

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