Am I divorced?

Q: I got married 9 months ago, after my marriage within 4 weeks my my mother inlaw and sister inlaws started behaving bad with me, my mother inlaw would try to make misunderstandings with my husband but at that time my husband was nice to me but we used to have a lot off fights. I was so fed up with my mother in-law. I told my mother to send me a ticket, although I asked my husband and my in-laws they said I could go. After 3 months of my wedding I came back to Canada. My husband lives in Spain. The day I came to Canada I was wearing jewellery that my mother gave me. My mother in law took that from me. She said I will lose it. They didn't give me any money even the ticket my parents sent for me when my dad found out that i didn't have money plus gold. He called them and asked them why my mother in law lied to him and said I gave it to her and so on.

Before my wedding my dad told them they have to this and that... They promised but refused after. I was pregnant I told my husband my in-laws didn't call even when they found out I was pregnant. I asked my husband to send me money but he didn't. He said its not his responsibility he gave me talaq 2 times i am sure but 3rd time he used this (if that so I will give you talaaq now). He blames me that I have physical relations with someone else. He says he don't trust me and I love someone elde. The thing is I never even thought about anyone else beside my husband. I always loved him and I still do but I can't live with such a person who thinks about me like that. I am having my child in July and he wants the child too. But I would never give my child away. Now I want to know if I am divorced? What should i do?

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A: Two talaaqs are valid . You should sit in iddat.

الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ ﴿البقرة: ٢٢٩﴾

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)