Fatwa ID: 04295

Answered by: Maulana Shadman Ahmed

Question:

Assalamalikum,

I talked to you after Asr today about my friend. In 2017, he gave the first talaq (1 time) to his wife and about 3 days ago he said he gave his wife the second talaq. You already told what the process is for rujoo, but could you send me the references for that?

Jazak Allah Khair

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

When a person gives his wife Talaq in explicit wordings (sareeh), then this is considered a revocable (raji) Talaq. When a person gives his wife Talaq in implicit wordings (kinayah) then the intention will be checked, and this is considered to be an irrevocable (baain) Talaq.

If a husband has given one explicit raji Talaq then the way to take back the wife is through either verbally he says, “I have taken you back”, or “I have retained you”. If a husband has given a baain Talaq then there will have to be a re-nikkah to take the wife back as long as he has not given her 3 Talaqs.

Allah Tala mentions in Surah Baqarah verse 228, “Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.”

For references and details for how ruju should be done please check the following Fatwa:

https://daruliftabirmingham.co.uk/how-should-ruju-be-done-if-my-husband-wants-to-revoke-the-one-divorce-that-he-gave-me-2/

Only Allah knows best

Written by Maulana Shadman Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham