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Divorce on Request of Solicitors

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: I had given my wife a talaaq (divorce) on the request of her solicitors. I had written her a talaaq and sent it to her after her solicitors said they were worried I would not give her an Islamic divorce. Upon this request I gave her talaaq. It has now been almost two years and the supposed iddat period has passed, but she is adamant that she did not request a talaaq, rather it was her solicitors who did. Does this mean that we are still married and she is telling me the truth? If talaaq was issued, and this was the first talaaq, after the two years, does she have to do halala and marry another man prior to returning to me? Or can we just do a fresh nikah (marriage)?

A: Even if she did not request the Talaaq, by you issuing it, it is valid and binding. So one Talaaq has taken place and the Iddat is also over.

If you wish to reconcile, a new Nikah has to be made, with a new Mahr. There is no need for Halaalah. After remarrying her you will be the owner of the remaining two Talaaqs.

Moulana Yusuf Laher

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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