I have a friend whose husband gave her one talaq 5 years ago.They have 2 children and that was the only contact they had with each other.

Now, after getting to know each other again and discussing their issues of the past, they wish to reconcile.

Neither married anyone else over the 5 years they were apart. I would like to know if one talaq is sufficient and is there a time period in which the one talaq is valid.

Are they permitted to remarry after one talaq was given to the woman and them been apart for 5 years?

Bismillahir Rahmanir Rahim.

At first, I want to say that most of us have a wrong notion about the matter of talaq specifically in the mentioned case.

If 1 or 2 talaqs are given:

If anybody gives one talaq or even two talaqs, they still can re-validate their marriage within next three menstrual period (or birth if the girl is pregnant) of the girl by telling sentence like "I am reverting my talaq." or by acting any intimate work that only husband and wife could do.

If three menstrual period of the girl overs (or given birth if the girl is pregnant) and the third talaq is not committed, then they have to remarry by agreeing on a mohr.

If 3 talaqs are given:

But if three talaq is given, then there remains no option to remarry except the girl gets married with another boy and have intercourse then gets divorced.

How to count talaq:

Remember one thing, if anybody give one talaq and remarry/re-validate, then give one talaq and remarry/re-validate and then again gives one talaq, then they could not remarry or re-validate their marriage. It is our wrong notion that if I say "one talaq", then only one talaq occurs, rather if I give one talaq now and I I gave two talaqs before, then it would be counted as three talaq.

So now, come to the point of the solution of the mentioned case.

Are they permitted to remarry after one talaq was given to the woman and them been apart for 5 years?

Well, if they did not do intercourse within the next three menstrual period of the woman calculating from the day of giving talaq (or before given birth if the woman was pregnant) then they have to remarry just determining a mohr only. And they have to repent to the Allah subhanahu wa ta'ala as they did zina in these 5 years.

Otherwise, their marriage is still valid.

However, if they could not remember whatever they did intercourse or not within the time duration mentioned, then it is better to remarry for safety.

And Allah Subhanahu wa ta'ala knows the best.

N.B.:

If you need reference, just google it, you would find a lot. If I had time in hand, then I would give. I found this arbitrary reference by googling just in short time.

Please note: Allah swt has given way back always even with big sins I.e there is tauba for eating pork, there is tauba for zina, alcohol, etc now if you think there is no tauba for talaq then that's mis understanding, If the husband made two witness and confirms to them he has divorced then it would be one instance and he should give second and third in the periods of three months and make witness then that would be talaq 3 times which is bad because only one talaq should be enough to keep room for return. In case person commits a tounge slip or in angry mood say talaq he has the option to make taouba for controlling his tongue and no talaq Amal is valid without having heart intention as per hadith every Amal is based upon heart intention , so is the Amal of talaq, Islam is salaamti and prohibition of touba on tounge saying is delusion to support magic If the husband never had intention of divorce and mistakenly uttered talaq and then ask forgiveness then separating kids , wife ,mother , father I.e breaking family apart is not salaamti for family and Is not Islam Please refer to book of Allah because there are magic supporting false hadith presence in the books which have caused damage to many families Allah knows the best and ilm is big bounty of Allah so kindly double check the the magician fatwa before destroying family and breaking apart. Allah is most knowledgeable , wise and support living mutually together rather then separating kids , mother, father etc. Regards

  • 1
    It would be nice if you made your answer more readable and added some references of what you quoted! – Medi1Saif Dec 8 '15 at 6:30

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