In Hanafi Fiqh, if a husband says to his wife "I don't ever want to see your face" with the intention of divorce then one Talaaq e Bain will occur and the Nikah will break. The wife will now be in Iddat and should the couple wish to reconcile then a new Nikah will be compulsory.

However, if the couple don't do a new nikah and continue living together and a month later the husband says "talaaq, talaaq, talaaq" is this talaaq now valid?

  • New nikah not required in iddat. Reunite upto 2 times Jul 28, 2017 at 3:25

1 Answer 1


Exact procedure of talaq

  • Husband is unhappy with wives religious practices/ commitment. Advices her, warns her. If no sign of improvement, he goes to step 2.

  • No sexual relation after her periods. Uttering divorce in pure period after establishing intercourse is null and void.

  • He would say divorce in pure period. Pregnancy is also considered as pure period.

  • If wife repents, husband can say I'm taking you back or has intercourse with her ,if it's within 3 menstrual cycles or before she delivers her baby.

  • Husband and wife can remarry if it's outside the iddat(3 menstrual cycles/pregnancy term) with new contract and dower.

  • Step 1–5 is first divorce.

  • Second divorce repeat steps 1–5.

  • Third divorce,step 1–3, can't remarry or reunite immediately. Has to complete iddat to marry a different person.

  • Can remarry first husband, if wife becomes widow from second marriage or husband from second marriage of wife follows step 1–5 with genuine intention.

Marrying a different male only to get back to first husband is cursed by Allah and is called tahleel. Tahleel marriage is haraam and invalid

PS: Remarriage period starts after completion of 3 menustrual cycles or pregancy term.

  • In Hanafi Fiqh, if a husband intends divorce by words of ambiguity (kinaya) then one Talaaq e Bain occurs and the nikah breaks. The couple MUST do a new nikah. But just say the couple don't do a new nikah then a few weeks later the husband says talaaq 3 times, will these 3 talaaqs apply or not?
    – Imran Ali
    Jul 27, 2017 at 23:38
  • I don't know about hanafi fiqh, i have written answer as per prophets way. Prophet is Higher than ummati. Intending to divorce is not taken as divorce. If he says talaq a million times it's one divorce provided shes to be pure Jul 28, 2017 at 3:11
  • The questioner specifically asked for the Hanafi fiqh, so please answer in regards to it only, or rather don't. We are not eligible to understand the Prophet's (PBUH) ways on which scholars with years of experience have conflict of opinion with, rather we follow on of the scholars. Neither of the Fiqh are 100% the same as the Sunnah and neither are incorrect, you follow anyone you like. You are trying to be a Mujtahid on your own without the qualification near the Imams of Fiqh. Please don't do this to yourself, and do others a favor by mentioning that this is your own personal opinion.
    – user44632
    Aug 24, 2022 at 18:28
  • For example the case of Rafayadain, Hanafi Fiqh states that it must only be done in certain cases while the Hanbali states that it must be done on all of the Takbeerat, both practices are valid from the Sunnah of the Prophet (PBUH) but the scholars varied in interpretation on what is the correct Sunnah, both accept the same Hadith, yet still vary. Do you seriously think that you can bypass such great scholars and give your own opinion out of the void and being a Mujtahid? please think again. Assalamoalikum.
    – user44632
    Aug 24, 2022 at 18:31

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