Divorce without consumation

CategoriesDivorce [570]

Fatwa ID: 02025

Answered by Molana Eunus Ali

Question:

Asalamalaykum i have done nikah and we never had intercourse i was also on my period I asked for divorce as we was not getting on he give me my divorce I have read that because i was on my period and there was no touching sexually I have no iddah period so am I permissible for my ex husband to remarry me

Answer:

Bismillah

Your question will be answered in to two sections:

  1. Allah has stated:

O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release. (Surah Al-Ahzab V.49)

It is evident from the above mentioned verse that if after the marriage is conducted, but before it is consummated physically or before the commencement of al-khalwat as-saheehah(to be in seclusion with one’s spouse whilst there is nothing to prevent them from consummating the marriage e.g. for the wife not to be on her monthly period or for a third person not to be present etc.) talaq(divorce)is issued, there will be no waiting period (iddah) for the wife. (Ma’ariful Quran, Volume 7, Page 180, IdaratulMa’arif&MukhtasarulQuduri, Page 512, Idaratul Quran wal Uloomul  Islamiyyah)

In regards to your question, as the marriage was not consummated and al-khalwat as-saheehah did not take place due to being on the monthly period, there will be no waiting period.

  1. As far as re-marrying your ex-husband, it will be determined by the method used to end that specific marriage.

There are 2 possible scenarios:

  1. If the husband had issued a talaqar-raj’ee(revocable divorce: this is when the result of the divorce was either 1 or 2 revocable talaq being issued) or if the husband had issued a talaq al-ba’in (irrevocable divorce: when certain terminologies had been used to issue a talaq and after the waiting period they were divorced).

If this is the case, it will be permissible for you to marry you ex-husband.

  1. If the divorce was due to the husband issuing 3 talaqs at once, it will not be permissible for the couple to re-marry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies.Then only after -completing the waiting period would the wife be allowed to re-marry the first husband. This process is termed halalah. (Ahsanul Fatawa p.129 v.5)

Only Allah Knows Best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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