Divorce and Halalah
In the name of Allah, the most Beneficent, the most Merciful.
Answer
The aforementioned scenario may have four situations:
- The husband gave his wife a talaq or divorce with clear and unambiguous words. In this situation after the wife passes her three menstruation periods one will be allowed to get back together again by performing a new marriage in front of two witnesses with a new stipulated dowry.
- If the husband gave his wife three talaqs with clear and unambiguous words. In this situation the wife will become haraam and unlawful unless she does halalah.
- If the husband gave his wife a talaq or divorce in ambiguous words like “You are not my wife…etc” and he intended divorce then one talaq baain will occur. They will be able to get back together again by performing a new marriage in front of two witnesses with a new stipulated dowry.
(Fatawa Hindiyyah p.468 –p.469 v.1)
- If the Husband files a petition for divorce in the county court and demands a separation as the man has the right to divorce, he can use it or make some one else his representative. It is not necessary that the representative be a Muslim. The divorce will take place issued by the judge and the marriage will finish. The husband and wife can get back together again by conducting a new marriage with the above conditions. (Heelatun Naajiza)
If the husband issued three divorces or three ambiguous divorces then it will be necessary for the wife to do halalah, only then she will be lawful for the first husband.
(Fatawa Hindiyah p..469 v.1)
Allah (SWA) in the Holy Quran has said:
“Thereafter, if he divorces her, she shall no longer remain lawful for him unless she marries a man other than him.” (Surah Baraqah v.230)
Saaidah Aaisha Radiallahu Anha reports that; A man pronounced three divorces to his wife. She (after her iddah) married another man. The Prophet of Allah Sallallahu Alahi Wasalam was asked whether it was lawful for her to return to her first husband. He said, “Not until they have sexual intercourse.” (Sahih Bukhari)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham
