Fatwa ID: 06423

Answered by: Muftiyah Habiba Akhtar

Question:

I have a query regarding the remarriage of a divorced couple. The couple was divorced and separated for 3 yrs. No one got married to any other person. They have 2 children and want to remarry. Is it permissible in our Shariah?

This divorce was facilitated through the courts. Would it be possible for them to have their nikah done again? There was no other divorce/talaaq other than the one facilitated by the court

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

Answer:

In the Hanafi Madhab, two types of divorce may occur. Talaaq Rajee and Talaaq Bain. Thus, divorce is categorised into three: Hasan, Ahsan (sunnah) and Bid’ah.

Hasan is to give a single divorce to the wife in a state of purity and not have intercourse with her and leave her until her iddah period passes. The sunnah form of divorce is a woman whose marriage has been consulates is divorced thrice in three periods of purity.

The Bid’ah form is the one where he divorces her thrice in a statement or thrice in one period of purity. Then the divorce takes effect and the wife becomes irrevocably divorced (Ba’in) him and he’s been disobedient. (Al Hidayah Page 373-374 Volume 2, Maktab Rehmannia Publication)

In the case of Bidah Talaaq, a couple may not reunite unless Halalah has taken place according to the Ahnaf.

The Holy Quran says in 2:230:

“And if a husband divorces his wife (a third time), then he cannot, after that, re-marry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them if they reunite provided they feel that they can keep the limits set forth by Allah. Such are the limits set by Allah, which He makes plain to those who understand.”

In order for Talaaq to take place, it is necessary for Talaaq to be mentioned between the couple as Qabool is required in the forming of a marriage.

In response to your query, as no Talaaq was committed Islamically other than the one stated by the law of the country, the marriage is valid and no halalah is required.

Only Allah knows best

Written by Muftiyah Habiba Akhtar

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham