Fatwa ID: 05269

Answered by: Mufti Mohammed Tosir Miah

Question

I am married since October’2013. Due to some family issues, I asked my husband to divorce me. Neither he nor I wanted to divorce but as it was a family issue, I asked him to divorce me. With a sad heart, he gave me 1 divorce. After that, I left his home. I was living separately. But we were unable to maintain distance so we used to meet and used to have sexual foreplays but no intercourse. He saw this and he was worried so he did rujuu niyat in his heart but I had no niyat. He told me earlier that he will do rujuu but I told him not to do so. In December we had intercourse which was before the third haidh. I married another man in January but my third haidh was not complete. I was unable to explain to my family as they put too much pressure on me. Kindly explain to me my first divorce. Was my divorce valid? How about the second nikah? Is it valid?

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

Answer

If a husband issues his wife one talaq, a talaq raji (revocable divorce) comes into effect. The husband can revoke the divorce within the period of iddat (three menstrual cycles or three months if the wife does not experience menses) whether she agrees or not.  [1]

The husband may revoke the divorce by verbally saying “I take you back” or “I have taken back my wife”. Having relations with her, kissing her, or touching with a desire also revokes the divorce. [2]

As you had relations with your husband, irrespective of whether either of you had the intention of ruju or not, the talaq was revoked. Hence, since you remained married, your second marriage is invalid.

Only Allah Ta’ala knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1]

وإذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها رضيت بذلك أو لم ترض

الهداية ج٢/ص٢٥٤

[2]

والرجعة أن يقول راجعتك أو راجعت امرأتي… أو يطأها أو يقبلها أو يلمسه بشهوة أو بنظر إلى فرجها بشهوة

الهداية ج٢/ص٢٥٤