Tuesday, May 21, 2024
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Lovebirds regret after three divorces

Fatwaa ID: 668

Question:
Aslkm moulana
I have an urgent question
My husband had issued three talaaq to me. We really love each another and have a small child together. We want to get back together. My questions are:
Are three talaqs given at once valid?
If it is valid, do i have to marry someone else first and get divorced by him
And if marrying another man(halala) is it necessary to consummate the marriage through asexual intercourse, or are there any other ways?
Is it permissible for a man to enter into this type of nikah with the purpose of reconciling the husband and wife.
Please advise as my ex husband and I really want to get back together and have realized the mistakes

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. We pray that Allaah Ta’aala grants you sabr and comfort. Shari’ah emphasizes greatly on being cognizant of one’s words. They have effects, especially in a relationship.

The “love” that you refer to should have been considered before making such foolish utterances. One talaaq was more than sufficient to end the marriage. Issuing three talaaqs at once or separately is valid and irrevocably breaks the marriage (Talaaq Mughallazah). There is no way of reconciliation except through a valid halaalah.

Halaalah is that after her ‘iddah, the now ex-wife marries another man and consummates the marriage with him. If the second husband passes away or divorces her, then after her ‘iddah from the second husband, she may marry the first husband. Consummation, i.e. penetration is a requisite for the validity of halaalah. If penetration does not take place, halaalah will not be valid irrespective of how long one remains with the second husband.

As far as getting married simply for halaalah, this is reprehensible and unethical. Rasulullaah ﷺ has cursed both men involved in this immodest agreement. Notwithstanding this, if one marries a second husband with the intention of halaalah, then the nikaah will be valid and it will be permissible for her to marry her first husband. However, the intention of halaalah should not be verbalized at the time of nikaah.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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