Fatwa ID: 05646

Answered by: Mufti Muhammad Adnan

Question:

I was married in April 2017. After marriage, my husband was unable to have a sexual relationship with me when I asked him he said that I am sexually weak which is why I am unable to penetrate. I am still a virgin he was not having a job at that time he used to say that when I will start a job then will go for treatment. On the same issue after 3 months I came back to my mother’s home and he issued 1 talaq on msg on 17 July 2017.

I asked him to go for treatment and come to take me back he didn’t show any interest, then under my family pressure, I asked for a divorce on the following 22 August 2017. I wrote on a paper that I forgive Haq Mehr and demanding divorce as per my wish and signed the paper. Only I signed that paper in return, he sent 3 divorces to me. Now we live in privacy but because of medical prevention, he couldn’t do sex with me at all. now he said that he is fine now he wants to marry me again as we had no sex against our will despite privacy what is the condition to marry my ex-husband again?

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

Answer

Allah Ta’ala 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)

Regarding your case, because there has been al-khalwat as-saheehah you will have a  waiting period of 3 menstrual cycles and you are both haram for each other as he has given you 3 divorces. You are free to marry anyone else after your waiting period and he is also free to marry whom so ever he wishes.

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham