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Revoking Two Talaaks for a Fresh Nikah: Can It Save a Marriage?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If two talaaks were given, can the talaak be revoked and a fresh nikah be performed to allow the couple to continue their marriage?

Bismillaah

A: If the husband only issued two talaaqs, then he has the right to revoke the talaaq provided the wife is in the iddat . Through revoking the talaaq, the wife will come out of the iddat and she will remain in his nikaah. Even though the husband revokes the talaaq, the two talaaqs he had issued will still be counted and he will only have one talaaq remaining. A new nikaah will not have to be performed.

If the husband does not revoke the talaaq during the iddat period and the iddat period passes, then the wife will come out of his nikaah. Thereafter, if the both wish to reunite then a new nikaah will have to be performed with a separate mahr.

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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