Fatwa ID:05342

Answered by: Mufti Javed ibn Nazir Kachhalia

Question

What is the ruling if triple talaq is issued to a wife before consummation of marriage and they have not been in seclusion, can the husband take her back with a new marriage contract and mahr.

In the name of Allah the Most Beneficent, the Most Merciful

Answer

In the above-mentioned scenario, triple talaq (divorce) has taken place, regardless if the marriage was consummated or not.

It has been quoted in the book ‘Bahrur Rai’iq’: (Extracted from Fatawa Mahmoodiyyah Vol 12, Pg 478, Darul Ifta Jamiah Faruqiyah Karachi)

“Giving three divorce to a woman before seclusion/intimacy or consummation, this will be valid” (Al-Bahrur Rai’iq Vol 3, Pg 507, Rashiddiyah)

Therefore, if the husband would take her back she will need to complete the Iddah, then re-marry another person and consummate the marriage. If this person then divorces her, she will be able to re-marry the first husband after completing her Iddah. This process is called ‘Halala’.

The above reference can be found in ‘Al-Bahruh Rai’iq, Vol 4, Pg 94,95, Rashidiyyah

Only Allah knows best.

Written by Mufti Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham