{"id":8708,"date":"2016-12-07T17:39:27","date_gmt":"2016-12-07T17:39:27","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=8708"},"modified":"2016-12-07T17:39:56","modified_gmt":"2016-12-07T17:39:56","slug":"divorce-without-consumation","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/divorce-without-consumation\/","title":{"rendered":"Divorce without consumation"},"content":{"rendered":"

\n\tFatwa ID: 02025<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by <\/strong>Molana Eunus Ali<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAsalamalaykum i have done nikah and we never had intercourse i was also on my period I asked for divorce as we was not getting on he give me my divorce I have read that because i was on my period and there was no touching sexually I have no iddah period so am I permissible for my ex husband to remarry me<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/a>\n<\/p>\n

\n\tYour question will be answered in to two sections:<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tAllah has stated:<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tO 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. <\/em><\/strong>(Surah Al-Ahzab V.49)<\/span><\/span><\/span>\n<\/p>\n

    \n\tIt 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<\/em>(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<\/em><\/strong>(divorce)is issued, there will be no <\/strong>waiting period (iddah) for the wife. (Ma’ariful Quran, Volume 7, Page 180, IdaratulMa’arif&MukhtasarulQuduri, Page 512, Idaratul Quran wal Uloomul  Islamiyyah)<\/span><\/span><\/span>\n<\/p>\n

    \n\tIn regards to your question, as the marriage was not consummated and al-khalwat as-saheehah <\/em>did not take place due to being on the monthly period, there will be no waiting <\/a>period.<\/strong><\/span><\/span><\/span>\n<\/p>\n

      \n
    1. \n\t\tAs far as re-marrying your ex-husband, it will be determined by the method used to end that specific marriage.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

      \n\tThere are 2 possible scenarios:<\/span><\/span><\/span>\n<\/p>\n

        \n
      1. \n\t\tIf the husband had issued a talaqar-raj’ee<\/em><\/strong>(revocable divorce: this is when the result of the divorce was either 1 or 2 revocable talaq being issued) or if the husband had issued a talaq al-ba’in <\/em><\/strong>(irrevocable divorce: when certain terminologies had been used to issue a talaq and after the waiting period they were divorced).<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

        \n\tIf this is the case, it will be permissible for you to marry you ex-husband.<\/strong><\/span><\/span><\/span>\n<\/p>\n

          \n
        1. \n\t\tIf the divorce was due to the husband issuing 3 talaqs at once<\/strong>, it will not <\/em><\/strong>be permissible for the couple to re-marry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies.Then only after -completing the waiting period would the wife be allowed to re-marry the first husband. This process is termed halalah. <\/em><\/strong>(Ahsanul Fatawa p.129 v.5)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

          \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

          \n\tWritten by Molana Eunus Ali<\/span><\/span><\/span>\n<\/p>\n

          \n\tChecked and approved by Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

          \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

          Fatwa ID: 02025 Answered by Molana Eunus Ali Question: Asalamalaykum i have done nikah and we never had intercourse i was also on my period I…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8708"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=8708"}],"version-history":[{"count":2,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8708\/revisions"}],"predecessor-version":[{"id":8711,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/8708\/revisions\/8711"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=8708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=8708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=8708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}