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Asalaam alaikum warahmatullahi wabarakatuh,

About a month ago my wife requested a talaq from me due to pressure from her family and a month before that they instructed her to fetch her belongings from me and move in with them.

After 2 months of no contact we started communicating and had intercourse after her visiting me. In the visit i could see that she still loved me and was still inlove with me as we discussed the reasons she left me.

On another occasion due to the passing of a close friend I collected her and attended his funeral. Thereafter we had intercourse again, but with intention to reconcile.

I have arranged 2 witnesses to draw up a document to revoke the talaq and take her back as myself and my wife agreed to reconcilation and I would rather take her back in all ways possible as I am afraid her family would try and find ways to keep us apart.

Is intercourse a way of taking her back?

Once I have taken her back with witnesses can her parents keep her away from me? She will not be present but she is aware of me revoking the talaaq, is that permissible?

Shukraan in advance for your assistance.

  • 1
    First a wife leaving the husbands house after talaq is a misconception and misunderstanding of the rules of Islam and against the Qur'an. As their relation only ends with the end of the 'Idah Allah doesn't like divorce therefore he wants us to have a chance of reconciliation. See Are women who are divorced after consummation entitled to maintenance. – Jamila Jun 22 '18 at 10:15
  • Salam and welcome to Islam SE the Q&A site about Islam. To learn more about our site and model I recommend you to take the tour and check our help center. See also this fatwa available in Urdu and Arabic only on the prohibition of separating between spouses. – Medi1Saif Jun 22 '18 at 10:53
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Getting an Islamic divorce is a long-term process that primarily focuses on trying to reconcile the couple.

1) In Islam, divorce is only a last resort if it is not at all possible to continue a marriage. When a marriage is falling apart, both spouses should try their best to bring the relationship back together; they should evaluation their relationship and reconcile.

2) Get an arbiter.

The Qur'an says, "And if you fear a breach between the two, appoint an arbiter from his relatives and an arbiter from her relatives".

A marriage affects the whole family, and it is vital for family elders to attempt at reconciliation.

Some people are reluctant to get their family involved; in this case, you can speak to an independent marriage counselor, although they are detached from the issue.

3) If all else fails, file for divorce. In Islam, there is a three-month waiting period before the divorce is finalized.

The husband's divorce pronouncement can be verbal or written, but it must be done once. The wife is able to keep the mahr, with her.

If, however, the wife initiates the divorce, she can either return her mahr to end the marriage, or petition a judge for divorce. She must show proof that her husband has not fulfilled his responsibilities.

4) Observe the Iddah

The couple may live in the same house, but must sleep apart. The iddah gives the couple a chance to calm down and perhaps reconcile, as decisions are often made in haste.

The iddah is a way of determining whether the wife is expecting a child - if so, the waiting period continues until after she has delivered the child. If the 'iddah is completed, the divorce is complete. The husband's financial responsibility to the wife ends, and she returns to her own family home.

Do note that the husband is still responsible for the financial needs of any children.

5) Finalise the divorce after the iddah

This is encouraged to do in the presence of two witnesses. After this, the wife is free to remarry.

The practice of 'instant talaq' in the Indian subcontinent (I'm assuming you are from there or your atleast your family is) in one sitting isn't Islamic and many scholars in India have said the same.

Please also refer Surah Talaq

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