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I gave one talaq to my wife by post. She is in india and I m in Australia. now we have realised our mistakes and want to reconcile.

Answered as per Hanafi Fiqh by Askimam.org

asslamoalaykum

I gave one talaq to my wife by post. She is in india and I m in Australia. now we have realised our mistakes and want to reconcile.
I had also sent the mehaer to my wife through western union money transfer but she did not accept it so the money is still with me,
now the iddat period will be over in 3-4 weeks. So what will be the procedure to revoke the talaq.
Can I revoke it by post?
My problem is, I may not be able to go to India before the iddat period gets over. So what will be the procedure to revoke the talaq after the iddat period is over?
We will have to perform NIKAH again? Please guide us in this matter as soon as possible. If I can revoke the one talaq by post then I am ready to do it tomorrow Inshaallah.
Allah hafiz.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

According to Shariah, since you have issued your wife one revocable divorce and intend to reconcile with her during the iddah you may do so without renewing the nikah. You may inform her via post that you revoke the divorce and take her back as your wife. It is not necessary for you to travel to to inform her that you revoking the divorce. You may communicate through telephone, email or ordinary mail.

As a word of caution, it is important that you carefully consider your actions before executing them. You state that you have divorced her and now want to revoke it. Surely, you should have thought over the consequences of the divorce before issuing it. In this way you have caused untold harm and mental stress on your wife and made the issuance of divorce a play. Secondly, you mention that you are in while your wife is in . This separation between you and your wife defeats the mere essence and purpose of Nikah. We have been inundated with serious complications with those marriages whose spouses stay overseas for long periods of time for better incomes but neglect their wives and children. The wives and children are humans and need love and affection from someone. If they are deprived of this love from their father/husband they will certainly seek that solace and comfort elsewhere. In this instance the husband will be responsible for all this evil. One should understand that money cannot buy love and respect. You might earn well and support them but in their eyes you have never fulfilled them with your love and support. Furthermore, as a man in a foreign country you are vulnerable to all forms of evil and vice. In order to protect your chastity and Imaan you should seriously consider getting your wife over to or you should seek employment near your wife.

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,
Assistant Mufti

Concurred by:

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Darul Iftaa, Madrassah In’aamiyyah

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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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