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We have been married for last 3.5 years with no child. Due to some quarrel of my wife with parents. I, in total anger, gave her 1 talaak. I want her back in my life as her parents took her with them. Please guide me. Whether 1 talaak make any difference?? Or we have to do any kafaraa?? Or anything else. Please help please

  • Salam and welcome to IslamSE the Q&A site about Islam. To learn more about our site and our model consider taking the tour and checking our help center. – Medi1Saif Nov 15 '18 at 6:48
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First of all talaq questions can't be handled on this platform for the following reasons: We are no fatwa site and talaq matters need a fatwa by a well versed scholar who needs to meet and ask in first place the husband to clarify (by questioning the husband) whether or not talaq happened, for example whether or not a talaq happened in anger -which would nullify talaq- or not, needs much more insight and knowledge about the involved people. Afterwards the wife may consult the scholar too. So anybody pretending that you may solve a talaq issue an internet platform is speaking untruth. In best case they could provide some guidelines and options.

Assuming talaq happened (or better was uttered) the first and only time you may easily get back your wife, by declaring it. Neither the wife nor her father nor anybody have any right to refuse. As talaq only takes place -this means a separation that makes the former husband and wife foreigners- if the 'iddah of the wife was complete, so as long as the 'iddah didn't end both of you are still married and bound to the marriage contract and her guardian is her husband not anybody else. Nervertheless it is better if not recommended to reconcile in front of witnesses:

With regard to witnessing, there are two reports, one of which says that it is obligatory. This is one of the two views of ash-Shaafa‘i, because Allah, may He be exalted, says (interpretation of the meaning): “Then when they are about to fulfil their term appointed, either take them back in a good manner or part with them in a good manner. And take for witness two just persons from among you (Muslims)” [at-Talaaq 65:2]. The apparent meaning of the command is that it is obligatory, and because this is for the purpose of making intimacy permissible, having it witnessed is required as in the case of the marriage contract.

The second report says that having witnesses is not required. This is the view favoured by Abu Bakr, and was the opinion of Maalik and Abu Haneefah, because there is no need for acceptance, so there is no need for witnesses, as is the case with all the husband’s rights, and that is because with regard to that in which the guardian’s consent is not required, it is not necessary to have witnesses. In this case the command is understood as meaning that it is mustahabb. However there is no difference of opinion among the scholars that it is Sunnah to have witnesses.

End quote from al-Mughni, 7/403 (Source islamqa #175184)

And it is not allowed for the husband to expel his wife from his house after uttering the words of "talaq", unless her 'iddah has ended. And it is not following the rules of Allah if the wife left the house of her husband without his consent during her 'iddah (and while still married). (see also Are women who are divorced after the consummation entitled to maintenance?).

Beside this your wife and her family should have in mind:

The Prophet (ﷺ) said: Anyone who incites a woman against her husband or a slave against his master is not one of us. (Sunan abi Dawod)

Now if the 'Iddah has ended talaq occurs and both of you are foreigners and to get her back you need a new marriage contract and a new mahr etc..

  • He mentioned total anger – Praveenladak Nov 15 '18 at 7:11
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    @Praveenladak even if he did so what scholars may interpret as anger is not what people usually express as such. I would never even try to give an answer based on the "written" statement of a person unless I have clarified the matter and that's how a fatwa actually works. – Medi1Saif Nov 15 '18 at 7:13
  • Beautiful statement- her guardian is her husband not anybody else – Praveenladak Nov 15 '18 at 7:16
  • I heartedly appreciate to you sir for the way you make me understand – sarfraz Soomro Nov 23 '18 at 20:43
  • I heartedly appreciate to you sir for the way you make me understand. I also approached some scholars. InshAllah matter will shortly be sorted out. A very kind request to you to please remember in prayers. Jazakallah – sarfraz Soomro Nov 23 '18 at 21:00

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