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Renewing the Nikah After a Talaq Bain in Iddah

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Fatima Begum

Question

My husband issued me one Talaq Bain. If we want to now reconcile is it necessary for the new nikah to be performed during the iddah or is it sufficient for him to say “I take you back”?

In the name of Allah the Most Beneficent, the Most Merciful

Answer

Talaq Bain terminates the marriage. In order to reconcile, the couple must renew the nikah. This can be done either during the iddah period or after its expiry. (Mukhtasarul Qudoori Chapter of Reconciling, Pg 168- Qadeemi Kutub Khana)

In the case of Talaq Bain, it is not sufficient to say ‘I take you back.’ This only applies to Talaq Raj’ee.

Only Allah knows best.

Written by Alimah Fatima Begum 

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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