• Social Matters >> Talaq (Divorce)

    Question ID: 8275Country: India

    Title: ass kum i'm in a deep trouble i got married in 2005 and iwas living happily with mi wife it was our love marraige suddenly we separated due to some case they filed in court and i divorced her in front of mi friend in 2007 she was not knowing this that i said 3 talaaq in presence of mi friend yesterday i told her she cried and fainted but i think she wants to come back and i also want her can u tell me what is the procedure of halaala is it necessary that there should be intercourse in halaala plz help me may allah bless all of u scholars

    Question: ass kum i'm in a deep trouble i got married in 2005 and iwas living happily with mi wife it was our love marraige suddenly we separated due to some case they filed in court and i divorced her in front of mi friend in 2007 she was not knowing this that i said 3 talaaq in presence of mi friend yesterday i told her she cried and fainted but i think she wants to come back and i also want her can u tell me what is the procedure of halaala is it necessary that there should be intercourse in halaala plz help me may allah bless all of u scholars

    Answer ID: 8275

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1753/1638=D/1429)

     

    When you gave three divorces to your wife, she was separated by talaq mughallaza (irrevocable divorce), the marriage bond of both of you was eliminated. Her iddah period will be over after three menses or after the childbirth if she was pregnant. After the iddah, she is free to marry any other man she wants except you. If she marries another man and also does intercourse, then if her husband dies or gives divorce to her, she will have to pass her iddah and thereafter she has right to marry. If she likes, she can marry you also in the presence of two witnesses with mahr, this is called Halala Shariah which is mentioned in the Holy Quran thus:  فلا تحل له من بعد حتی تنكح زوجا غيره

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India