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Drugs and Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: My husband has been using drugs and has been unfaithful. We have a 6 month old son together whom he adores. I feel torn between what’s best for me and what’s best for my child. If I get one divorce to see what my life can be like without him, can I remarry my husband without remarrying someone else first?
A. Think carefully before making any decision. If he gives you one Talaaq then either he can take you back as his wife during the Iddat period without performing Nikah again, or if after the issuing of one Talaaq the Iddat period expires, Nikah will have to be performed again without the need for you to marry someone else. Remember that if you decide on this, let him issue only one Talaaq. If two Talaaqs are given, you can still reconcile during the Iddat without a new Nikah and after the Iddat with a new Nikah but without having to marry someone else. But if three Talaaqs are given then no reconciliation is possible unless you marry another man.
Moulana Yusuf Laher and 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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