Talaq to a woman who has not had intercourse with her husband

CategoriesDivorce [560]

Fatwa ID: 01253

Answered by Mufti Mohammed Tosir Miah

Question:

A girl was married but she had no physical relation with her husband and before that she got 3 talaaq but now they want to get married again. Is it possible?

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

If the woman who did not have sexual intercourse with her husband is given three talaqs in one go then all three talaqs will occur. If the number is pronounced one by one to make it three, then only one Talaq Bain will occur. (Hidayah p.371 v.2)

In the first situation, the husband and wife would not be allowed to re do their marriage without halalah, however, in the second situation they will be allowed to re do their nikah without the need of halalah.

It should be borne in mind that the aforementioned ruling is when there was no sexual intercourse between the husband and the wife and no khalwah (seclusion) between them. Khalwah constitutes a place of privacy which is not usually accessible to others. (Athmarul Hidayah p.170 v.4)

If there was at khalwah (seclusion) between the husband and wife since the marriage then three talaqs will occur in both the situations mentioned above.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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