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Divorce Situation

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: I would like to know if the following Talaq (divorce) is valid:-

A husband issues his wife a Talaq, leaves the house, but returns the following morning and apologises about the previous evening by uttering the word Talaq, the wife forgives him, they together for another year and six months, the husband then goes and work in another city, meets another woman (26 years younger than him), phones his wife to tell her that he got married to this 20 year old girl, as feels sorry for her, etc. etc.

The wife is not happy with him marrying another woman, as they have been struggling to make ends meet for the past 26 years of marriage, and now he’s adding more stress to the marriage, anyway, he arrives back from work with the other wife and she has a child, and he goes to live with his Aunts with the other wife.

A couple of months later, the husband utters another Talaq, mentioning to his wife that he gives her the 2nd Talaq, lots of arguments occurs within this period, and two weeks later, out of anger the husband utters to the wife the 3rd Talaq.

Please advise if the 1st Talaq still stand, as they reunited with each other for a period of 1year and six months, furthermore, please advise if the second Talaq also still stands, as the 3rd one was given within a period of two weeks?

The wife is confused, knowing that an Iddat period for a woman that does not menstruate no more is (3months). Does the 1st Talaq count, does the 2nd Talaq count.

All she wants to know, is that on the 17 March 2012 (3 month Iddat period since the 3rd Talaq was uttered) will she be free from the marriage?


A: Three talaaqs has taken place.Her iddat will start after the third talaaq. If she is not menstruating anymore her iddat will be three months. However if she starts menstruating during this period her iddat will change to three haidh. She now cannot marry her husband until a process of halaalah takes place.

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This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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