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One written divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Me and my husband are currently in the middle of a divorce. It is not something I want but their are family complications on his side which means sadly he is taking this route. The way he is giving me a divorce is though written paper which is signed by two witnesses. He will only issue this once to me. My question is I always thought that a divorce needs to be issued three times over a three months period is the way he is divorcing me valid? Also once I receive the paper of divorce my iddah period will begin after this period is over does the rule apply that we can not reconcile and are unable to marry each other again unless I have a another marriage which is genuine and genuinely does not work out (I would not do anything like this on purpose as I know it is haram). Or could we re marry because the divorce has only been issued once?

Bismillaah

A:

1. If he issues a written talaaq, the talaaq will be valid.

2. If he issues one talaaq, he will have the right to revoke the talaaq and take you back in his nikaah during the iddat period if he wishes. After the iddat period terminates, it will not be permissible for him to revoke the talaaq. However if you both wish to reunite, then it will be permissible provided a new nikaah is performed with a separate mahar. You will not have to get married to anybody else in order for your nikaah to be permissible with him.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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