On 5th january,my husband posted divorce papers on my facebook account.After seeing that,my father called him and inquired about it.He said he has given me divorce and to come over to his home and collect the divorce paper.
When my paternal uncle and brother went to his home and inquired about the papers,he refused to handover them.On asking whether has given me divorce he said yes but i will not give the papers and will let me suffer.On further pressure from my family to give the divorce deed he said divorce only happens when i say talaaq to my wife on her face three times.
Kindly answer my following queries:
1) Am I divorced?
2) If yes,then from when does my iddat period start?
3) He is demanding to give him my 5 month old baby boy.Does he have any right to take away my son against my will?
According to what you have stated in your question, the divorce has certainly occurred effectively. However, whether it is revokable or irrevokable depends on the wording that he has used in the divorce statement.
If the divorce is irrevokable then your Iddat starts immediately from the time that he wrote the divorce statment or signed it. If the divorce was revokable then the Iddah would still start from the time of divorce but if he used his right to revoke within the Iddah period then the divorce will become ineffective.
It is not necessary for divorce to become effective that it is said before the woman three times. Talaq also become effective by way of writing or by way of signing the divorce papers.
5 months old baby will not go the father's custody unless the mother is proved incapable of caring for the baby.
And Allah knows best.
Mufti Ikram ul Haq
Fatwa Center of America