Husband gave the wife talaq baain in front of a Muslim judge and two witnesses

CategoriesDivorce [534]

Fatwa ID: 01659

Answered by Molana Ishaaq Hussain

Question:

I would like to know about talaq-e-baain, my husband has given me talaq-e-baain in front of khazi and 2 witness without informing me about it. After 25 days I got a notice from my husband’s lawyer that he has given me talaq .Now he says that he was angry on me that’s why he has given me talaq. if I want to go back to him what is the procedure. do I have to get married to him again? please advise me

 Answer:

Bismillah

With regards to a talaq effecting, it is of two types

1.  Raj’ee

2.  Baa’in

Talaq Raj’ee is when a man gives his wife one or two talaks with clear words such as ‘you have been divorced’ or ‘I divorce you’. By giving such a talaq, he can also take back his wife (Ruju) during her days of iddat without renewing the marriage.

Talak Baa’in is that divorce where clear cut words are not used, but rather words that are not exclusively prescribed for issuing divorce, but alludes and hints to it.

The ruling for a Talak Baa’in is that the wife is taken out from the nikah, she cannot return to her husband unless they renew the marriage. To remain together without renewing the Nikah is unlawful. (Extracted from Mazahirul Haq Jadeed p 378 v 3).

With regards to your situation, the above ruling of Talaq Baa’in occured therefore if you wished to get back together with your husband, a renewed marriage would have to be conducted.

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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