Fatwa ID: 09004
Answered by Maulana Abdurrahman Persaud
Question:
Assalamu ʿalaykum wa raḥmatullāhi wa barakātuh,
I pray this message finds you in good health and īmān. I am seeking a written clarification regarding the ruling on how divorces are counted when a couple has separated and later remarried each other.
Background:
– My husband and I married in 2017.
– He issued one divorce in 2019.
– I completed the full ʿiddah period, and we did not reconcile during that time.
– We later entered into a new nikāḥ in 2024 with a new mahr and witnesses.
Events in 2025:
– In June 2025, my husband contacted a local mosque for advice regarding our ongoing marital difficulties. The imam advised him to draft a written divorce document and to include proposed childcare arrangements. My husband subsequently drafted an email containing such wording but sent it to me only for review of the childcare section, writing that it was a draft and asking me to edit if the childcare arrangements were not right. He had no intention of enacting a divorce at that time; his focus was on the children’s arrangements as advised by the imam.
– In July 2025, a few days after we had been intimate, he verbally pronounced divorce. Prior to doing so, he clearly stated that he did not wish to divorce, but I had emotionally pressured him due to exhaustion from our conflicts. He later said he was mentally scared, confused, and not in a sound state when he said it. We resumed marital relations within a few days.
– In August 2025, he verbally pronounced divorce again but we resumed marital relations within a week.
Questions for clarification:
- Does the 2019 divorce (from the first marriage, after a completedʿiddah) count as one of the three divorces for our 2024 marriage, or does the newnikāḥ begin with a fresh count?
- In light ofthe events of June–August 2025, and considering the draft document, the verbal pronouncements, and reconciliations through intimacy within ʿiddah, how many valid divorces—if any—have taken effect in our current marriage?
- Based on Qur’an and Sunnah evidence (not limited to one madhhab), do these circumstances permit reconciliation within theʿiddahor through renewal of nikāḥ?
Intention and request:
We both sincerely wish to act in accordance with Allah’s guidance. We recognise our mistakes and emotional immaturity during those moments and seek clarity so that, if permissible, we may reconcile in a halal and responsible way. We understand that Allah is Forgiving and Merciful, and we wish to rebuild our marriage correctly if it remains valid.
I would deeply appreciate a written response so that both of us can have clarity, act correctly before Allah, and find peace in this matter.
JazakAllah khayran for your time and guidance. May Allah reward you for serving the community with knowledge and compassion.
Was-salāmu ʿalaykum wa raḥmatullāhi wa barakātuh
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
May Allah ﷻ make all your worldly affairs easy and shower his mercy on us.
In following the above message sent:
The divorce that was issued in 2019 is still active even with the renewed nikah in 2024 and is counted a one of the three.[1]
As for the drafted letter, it would not be counted as a divorce if the husband didn’t intend it, but as for the verbal issuance of divorce in July 2025, it would be counted, and that would result in 2 of the 3 divorces issued also, you mentioned he gave another one in august 2025 which will be a total of three divorces.[2]
In light of the Quran and Sunnah, it would not be possible to reconcile the nikah without ‘halala’, i.e, the wife marrying another person and having intimacy after which she is divorced, only then can you remarry the first husband. Halala cannot be pre-planned as it would be sinful.
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
المحيط البرهاني ٣/٢٩٦
[1]
وإن نوى الرجوع عن المشيئة، صحّت نيّته فيما بينه (٢٥١ أ١) وبين ربّه؛ لأنّه نوى ما يحتمله. ولهذا لو صرح به يصح، فإذا شاءت الأولى طلاقها طلقت الأولى فيما بينه وبين ربّه. وإن شاءت الأخرى طلاق الأولى طلقت الأولى بنيته، وإن شاءت الأولى طلاق الأخرى طلقت الأخرى في القضاء، لا فيما بينه وبين الله تعالى.
[2]
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره فإن طلقها فلا جناح عليهما أن يتراجعا إن ظنا أن يقيما حدود الله وتلك حدود الله يبينها لقوم يعلمون} (البقرة:230)
قال القرطبي: “المراد بقوله تعالى: {فإن طلقها} الطلقة الثالثة، فلا تحل له حتى تنكح زوجا غيره، وهذا مجمع عليه لا خلاف فيه”.