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My husband had issued second talaq. I beleive we have to perform a nikah to be husband and wife.

Answered according to Hanafi Fiqh by Askimam.org

My husband had issued second talaq. I beleive we have to perform a nikah to be husband and wife.

I would like to ask you that; is will of both is necessary for such nikah or only will of husband is necesary. Do i have the right to say no to such nikah ?

Answer

1. First type: If the husband clearly utters, ‘I divorce you’ or ‘I divorce my wife’. In other words, he issues the divorce in such clear words that there is no possibility of taking any other meaning from these words. This is known as ‘Talaaq-e-Sareeh’. The law of Talaaq-e-Raj’ee will take place here, i.e. the Nikah has not broken as yet. If the husband divorces his wife by uttering the words of divorce one or two times and thereafter regrets his action, it will not be necessary to renew the Nikah. He can live with his wife by revoking the divorce, for example, say ‘I take you back as my wife’ or be intimate with her. This must be done before the expiry of the Iddah. However, if the man divorced her and maintained this divorce of his, then the moment the Iddah of Talaaq expires, the Nikah will break. As long as the Iddah does not expire, the man has a choice of keeping her or not. This is Talaaq-e-Raj’ee.

2. Second type: The husband does not utter words of divorce clearly. Instead, he speaks in very vague terms which could have the meaning of divorce and some other meaning, e.g. get out, go away, etc. Uttering any of these words or similar in which there is the possibility of several meanings is known as Talaaq-e-Kinaayah (unclear divorce). Talaaq will only take place if that was the intention of the husband. The law of Talaaq-e-Baain will apply, i.e. the Nikah is totally annulled and will not be permissible to live together without renewing the Nikah. If they wish to stay together again, they will have to renew the Nikah. This is known as Talaaq-e-Baain. (Bahishti Zewar vol.1 pg.389)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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