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Divorce

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

We have beem married for over 20 years. I divorced my wife two times liong time ago. I just learned that after saying divorce 1-2 times we should have 3 months ‘Iddat period but we didn’t follow that rulling due to not knowing and started living like husband and wife within few days. Please advise how we make up that islamic rulling?

Jazaakallaah

الجواب وباللہ التوفیق

If by two times you mean that, at a time you gave two divorces to your wife or after giving one divorce you gave second divorce before the wife’s ‘Iddat completed, and you both started living together before the completion of the wife’s ‘Iddat, i.e., before the completion of three menstrual periods, then this re-establishment of matrimonial relationship is Shar’an correct, however, you only own the right of one more divorce, as soon as you give one more divorce, three divorces will take effect on your wife, and she will become Haraam on you forever.

And if you had given divorce after long interval or those had been more than two then total how many divorces were given? And please clarify how much time interval was there after giving one divorce till you gave the second divorce because in this situation the nature of the issue will be different, the ruling about it can only be advised after knowing its detail.

As to your statement that there should be an interval of three months or three menstrual periods after one or two divorces, what it means is that during this ‘Iddat the husband has the choice that if he wants to keep his wife then he makes Rujoo’ with his wife and starts living with her, if he wants to leave her then he should leave her and don’t take his wife back in his matrimonial relationship.

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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