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Can woman return to marriage without halalah and in line with Islamic law?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I got married in 2010. After marriage I came to know that the girl was having a disease which I did not know. She also had habit of gutkha. She also told me some lies about her education and family’s education. When I asked her why she lied and hidden things, she got angry and started fighting. She used to go to her brother’s house which was near. Many a times her brother got involved and arranged a patch up. I also agreed as I thought about society and ‘family’s honor’. She always asked me to give her divorce and I always tried to calm her down. My Point: in our last 3 meetings, when she asked me, I said in Urdu/Hindi ‘because you are asking me for this, I give you talaq’ and she left my house. There was gap of 1-2 months or so between 3 talaqs and no physical contact. This happened in 2010 only. Now she wants to come back. Is it possible now, I do not want halalah also? And, I will not go against Islam. Please advice.

Answer

(Fatwa: 95/93/N=1433)

Your question shows that you have had special meeting or privacy with your wife after marriage and you have given her three talaqs. If the case is so and you have given second and third talaq before completing iddah then in the question mentioned above all the three talaqs took place on your wife and she became haram completely for you. Now without a valid halalah she cannot come in your marital relation. Almighty Allah says in the holy Quran:
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ [البقرة : 230]
وقال فى الفتاوى الهندية (كتاب الطلاق باب فى الرجعة فصل في ما تحل به المطلقة وما يتصل به 1 : 506) : وإن كان الطلاق ثلاثا فى الحرة …. لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها كذا فى الهداية اهـ

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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