(#101)
Assalamualaikum ,
Dear Mufti,
Here is my case , I got married some years ago and after two years I got divorced . I pronounced divorce 3 times in one sitting and she accepted that.
In my circumstance , If we want to get married each other again what is correct procedure for that.
If you please share your knowledge in this regard that would be highly appreciated.
Thank you very much in advance
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We acknowledge the receipt of your query. Please excuse us for the belated reply. Our response is as follows:
As you have given three Talaaqs to your wife, she has become estranged from you and your Nikah ties with her have been totally severed. The fact that you gave the three Talaaqs in one sitting will make no difference, as the three Talaaqs become effective whether they are given separately or in one sitting.
In Islam if you wish to reconcile with your previous wife, you can only do so if the process of “Halaalah” takes place. “Halaalah” entails that after the expiry of her Iddah that resulted from the divorce given by you, she gets married to another man. If, after having intercourse with her, that man then divorces her, she will spend a term of Iddah which will be three menstrual periods if she is NOT pregnant, or upto delivery of the child if she is pregnant. After the termination of the that Iddah, you will then be allowed to remarry her and consider her to be your wife once more. It MUST be borne in mind that when she gets married to the second man, a condition CANNOT be stipulated in the Nikah that the new husband MUST necessarily divorce her; nor can this be pre-arranged with him. The husband should be a person who, realizing your need and predicament, decide on his own accord to divorce her after having intimate relations with her. He cannot be pressurised and compelled in any way to divorce her by way of a pre-condition or pre-arrangement.
And Allah Ta’ala knows best
Muhammad Irshad Motara
29th Rajab 1436
18th May 2015
Checked and approved by:
Mufti Musayab Sahib
29th Rajab 1436
18th May 2015
