Category: Divorce (Talaaq)
Fatwa#: 25946
Asked Country: India

Answered Date: Jul 02,2013

Title: Is the Talaq valid and can the girl remarry someone else?

Question

I want to ask that if a husband gives one talaq to his wife and then they both even dont talk for 3 months that means husband doesnt revoke his talaq and doest say I do "rujoo". Is talaq valid then? Can the girl remarry to someone else? Or will it be necessary for husband to give 2nd and 3rd talaqs.

In this case the girl was oppressed and she asked her husband to give talaq or she will visit cleric to nullify her marriage as she was very much tortured by her husband.

Now husband is saying he is not ready for 2nd and 3rd talaaq because he is saying that when in future wife wants to go back to him then she can remarry him.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If the husband issued his wife one Talaq only with the express word of Talaq or divorce, then that is a Talaq- e –raji which implies that the husband can revoke the divorce within the period of Iddah which is three menstrual cycles if the wife experiences menses or three months if the wife does not experience menses.

If the husband did not revoke the divorce within the Iddah period, then the Talaq –e- raji will be converted to a Talaq-e-ba’in which is an irrevocable divorce. Accordingly, the husband cannot unilaterally revoke the divorce. If he wishes to reconcile with his wife, he will have to remarry her with her consent. If the wife wishes to marry someone else, she is at liberty to do so.

There is no need for the former husband to issue the second and third divorce in order for her to marry someone else.

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.