Question:

Can a husband and wife marry someone else after the first TALAAQ or husband must pronounce the wording of Talaaq 3 times?
Please explain first divorce, 2nd divorce, and the final divorce.
Thanks

Shahid

Aanswer:

Assalam-o-Alaikum dear Mr. Shahid!

Let me explain the process of talaq as commanded by Allah and His Prophet (Sall Allah o alaihe wa Sallam).

1) When it become really necessary, a man should announce talaq only ONCE in a tuhur, that is non-menstrual days of the wife.

2) Better not to repeat the word talaq again. The about 3 months (or three tuhur) period, called iddah (during which the lady is to stay in her husband 's house) provides the chance of ruju' by the husband, which means taking the wife back without nikah. Remember, ruju' should be done sincerely and not just to tease the divorced lady.

3) When three months had passed on the said one talaq, and no ruju' (revoking) is done by the husband, then talaq becomes ba-in, which means the couple is separated, but they can marry each other through their free will, if they so desire, or marry anyone else of their choice (this answers your question).

4) The above explained position is also true in case of two talaqs.

5) The Prophet (Sall Allah o alaihe wa Sallam) has prohibited the use of three talaqs in one sitting. It is a sin and punishable offence under Islamic law. In the Hanafi Fiqh, three talaqs are however, counted three, which means talaq-e-mughallia, or that the separated couple can marry each other again without properly acceptable halala.

6) Three talaqs are NOT AT ALL necessary for separation, or for the divorced person (s) to marry someone else. That purpose is best served with one talaq (most liked) or two talaqs. Why resort to three then, which makes Halala essential?

Hope your question is fully answered.

M. Haq

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Question:

Dear Brother Assalam-alai-kum-wa-rahmatullah-wa-barkatahu, .

Please help me to get myself understand where I stand.

After being married for 3 year, I had Two months baby girl. Few days ago me and my wife had some problem and we had argue about it in that She started saying things which made me lose my temper, in the fit of rage I said to her the thing which I never intended to say, well I said that "By Law and Shari'ah this relationship is finished now U can go". This I said twice.

After that She went to his room and I slept in another room, In morning she left to her parents after three days Her Brother came to take away her clothes and things,( I want to mention some thing here that I already had some problem with her brother on some issues) and they told me that I have divorced there daughter. At that time it didn't came to my mind that either I have said these word or not. We took that matter to a Imam of Local Musjid in front of him her brother presented a Tape on which our whole conversation of that day was recorded ... by listening to that Tape and these word I have mentioned earlier Local Imam had issued a Fatwa that this is considered to be Two pronounced divorce. Now if we both want, we can reconcile it. And a new Nikah should be made between us. Now main problem starts she is staying in his Brother house, and doing Iddah I don't have any Sister or Mother in this country who can go and talk to her. Her brother doesn't allow me as he is taking his own revenge. I am sure if I get a chance to talk to her, she will agree to reconcile.

In this whole position please let me know at the earliest where we stand now. Is this conceder to be a Divorce or it is revocable. Can we just do Tajdide Nikaah and what is the way of Tajdide Nikaah. I need I written fatwa, for as to let her parents see and understand. I will be much obliged and grateful to you. May Allah the most Merciful, All-Knowing increase your knowledge and understanding of Islam and may HE bless all of us with Takwa.

Fi-Amaan-Allah.

Ishaq Fazal

Answer:

Wa Alaikum Assalam brother Ishaq Fazal!

We'll try here to explain what the true Shar'i position is. It may not be taken as a technical "Fatwa", but you can follow our advice if you feel satisfied and leave the matter to Allah:

- One, the words you've used and as noted in your message, clearly indicate divorce - twice, as you agree.

- Still the divorce is revocable (raji’i) provided the iddah period (about 3 months) has not yet lapsed. That means you can simply announce rij'a (a written notice to your wife). Then there will be no need for any "fresh nikah." However, if 3 months (iddah) have passed on your announcement (or do pass when you receive this message), you'll have to go for fresh nikah, which will then require proper consent of your "wife' as well.

- Please make every effort to contact you your wife and tell her you're sorry and wish to revoke. Her brother has no right at all to obstruct this reconciliation process. Let him know that Allah has forbidden such act in very harsh words. He is the brother of your wife, not master to decide her fate. Wish and pray you succeed. Lastly, remember, you've no more chance of saying Talaq to your wife. If even you uttered this word by way of joke, you'll get separated for ever, never to be together again (without Halala).

Wassalam,

M. Haq

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