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Renewing Marriage after Iddat

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: A husband divorced his wife 2 times consecutively 12 years ago and and than made Rujoo of his wife after 12 years. In different situations the husband told his wife to “leave the home”, “get lost from my life”, “I don’t want to live with you” and used words like these. A year ago, in a serious fight, the husband told his wife to “get out from my home” and he gave her gold back to her and told her to “get lost and don’t come again”. His wife left him and said that “I am leaving you too” but after some hours the husband says to his wife “come back and I was wrong so in this situation”. the question is that does is the wife is divorced or not?

A. If the husband divorced the wife twice ‘consecutively’ meaning that both Talaaqs were issued at the same time and took her back after twelve years, then that was only permissible by making a new Nikah. If he took her back without making a new Nikah, they are not husband and wife according to Shari’ah.

You used the word ‘Rujoo’. Rujoo’ can only take place within the Iddat period and not thereafter, and in this case it was after a lapse of twelve years. On this basis we say that if they did not renew the Nikah, they are not husband and wife.

If they did renew their Nikah then those statements he made will only constitute Talaaq if the husband had the intention of Talaaq when uttering them.

Inform us of the exact situation so that we can advise you further. 

Allah Ta’aala knows best.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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