2

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?

1
  • New nikah not required in iddat. Reunite upto 2 times Jul 28, 2017 at 3:25

1 Answer 1

0

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.

2
  • 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

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .