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Clarification – Talāq-e-Bain

Answered as per Hanafi Fiqh by Askimam.org

I received the answer to my query today (fatwa 30450). i am writing again fo some clarification. yes i have completed 3 cycles of menustration since march 2014 so my iddat is over.

it is written in the answer that third and second divorces are not effective. my question is that although they have no effect on iddat period…. the second and third divorces have taken place? 

and secondly if we ever wanted to reconcile again would it not be possible without halala?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We apologize for the belated response.

In your first query you stated that in march 2014, your then husband contacted you and informed you that according to a Fatwa you are divorced by one Talāq-e-Bain. In principle, Talāq-e-Bain terminates the Nikah. If you finished your Iddah being three menstrual cycles then the subsequent divorces are invalid even if they were given. [1]

In order to reconcile with your ex-husband, you only need to renew the Nikah.

And Allah Ta’āla Knows Best

Saleem Khan

Student Darul Iftaa
Bradford, UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net


[1] ( بشرط العدة ) هذا الشرط لا بد منه في جميع صور اللحاق فالأولى تأخيره عنها اه ح

[رد المحتار ج ٣ ص ٣٠٦ ايج ايم سعيد]

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

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