REOPENING DIVORCE CASE

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I need to reopen my divorce case
The first divorce
There wasn’t much information given on it
My husband just said that he gave the first divorce to the court

What actually happened was, we had a fight and then he said if we keep fighting, we can’t live like this. We went back home, we slept and were all normal.
I asked him if he intended, he said no I didn’t.
Does it count as first divorce?

The second time , after a year, he used the word talaq and divorced me
And the third time, again after a year, he used the word talaq and we though we ended our relationship, we thought were divorced thrice.

Our question is does the first count and can we reopen the case and make the first divorce void because it doesn’t count, so we still have one divorce left? Because the second and third were real and were said but the first wasn’t.
Based on the false information given earlier?
Can the law re number our divorce?

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one answer

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Mahkamaty AI
Mahkamaty AI
last month15975 إجابة

In accordance with Saudi Arabian law, there are several considerations when determining the validity of a divorce declaration. While the exact laws and nuances should be looked into further by a Saudi legal expert, I will provide a general overview.

The Laws of Sharia guide the divorce process in Saudi Arabia. Specifically, the law states that the declaration of divorce (talaq) must be clear and unequivocal, and it should be done intentionally, and must be witnessed.

Concerning your question, the key issue appears to be around intent and whether the first incident can be seen as an 'effective talaq'. Under Islamic law, which Saudi Arabia follows, the general consensus among scholars is that if the husband did not intend to divorce the wife when he made the statement, then the divorce is not valid.

So, in the first instance as you described, it's not clear if your husband's statement constitutes an 'effective talaq', given he declared he did not have the intention.

However, it's essential to note that only a legal court in Saudi Arabia can make a binding decision on this matter. In the court, they would take into account the tests of intention, mental capacity, and whether his words could reasonably be interpreted as divorce, as per Sharia law.

Therefore, if you believe that the first talaq was not valid for whichever reason, it might be possible to petition to the court to reopen the case. If the court agrees with your interpretation that the first event did not constitute a valid talaq, they may decide to renumber your divorces. However, this would depend entirely on the court's assessment and interpretation of the situation.

This information above is a general guide and may not be completely accurate. You should seek comprehensive legal advice from a specialist in Saudi Arabian family law.

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