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Is it necessary for both parties to have consent for nikah after talaq-e-baeen?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalam alaikum hope this email reaches you in the good state may ALLAH give barakat in your (umar)age my question is:when it is talaq-e-baeen and you allowed to do nikah and you want to do nikah with your mutalaqa and she doesnt want to do nikah what can you do?is it important to have radhamandi from both sides?or is it only the mans radhamandi?

Answer

(Fatwa: 415/338/B=1431)

In the case of talaq bayin, performing nikah again is valid only when both the parties i.e. husband and wife, agree,  the consent of husband only is not enough.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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