Q. If a girl gets 3 talaaq from her husband but she never had physical relations with him, can she marry him again since they want to remarry?
A. If a girl got 3 divorces from her husband (at once, as if he said to her you are divorced with three divorces) with whom she did not have physical relation, then 3 divorces will occur, and she will not be allowed to marry him until the process of Tahleel (Halalah) takes place. This means that after completing her iddah from the husband, she will have to contract a marriage with another person and consummate that marriage. After this, if/when this husband divorces her, she will be required to go through an iddah period of three menses. Upon the termination of this period, she will now be allowed to remarry her former husband in a new marriage. This is the sound and correct view of the jurists on this matter. In this regard, Allama Ibn Abideen Shami has quoted from Fathul Qadeer that it is reported from Hasan Basri (RA) and other great Tabieen scholars that 3 divorces given to a woman whose marriage was not consummated, will take effect as three if given at once. (Shami vol.2 pg. 635).
While speaking about the process of Tahleel (Halalah) for this woman, Allama Ibn Abideen Shami writes, ‘The essentiality and condition for halaalah is the same for those women whose marriages have been consummated and those whose marriages have not been consummated’. (Shami vol.2 pg.625). Further to this, the great expert jurist, Allama Ibn Abideen Shaami goes on to refute the statement that states that there is no halaalah for such a woman. He writes, ‘Those books where in it is written that there is no halaalah for a woman whose marriage was not consummated, have taken a false step, as they are directly opposing the Quranic text and Ijma. (Shami vol.2 pg.625)
If however, three divorces were given in this situation at intervals (in different times) and not at once, then only one irrevocable divorce (Talaq Ba’in) will take effect and the other two will be invalid. In this situation both can remarry each other in a new marriage, and there will be no need for the woman to go through the process of Tahleel (halaalah). (Shami vol.2 pg.627)
(This law is only connected to the case of a woman who has not consummated her marriage).
And Allah knows best.
Mufti Waseem Khan