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What Is the Ruling if Triple Talaq Is Issued to a Wife Before Consummation of the Marriage

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Mufti Javed ibn Nazir Kachhalia

Question

What is the ruling if triple talaq is issued to a wife before consummation of marriage and they have not been in seclusion, can the husband take her back with a new marriage contract and mahr.

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

Answer

In the above-mentioned scenario, triple talaq (divorce) has taken place, regardless if the marriage was consummated or not.

It has been quoted in the book ‘Bahrur Rai’iq’: (Extracted from Fatawa Mahmoodiyyah Vol 12, Pg 478, Darul Ifta Jamiah Faruqiyah Karachi)

“Giving three divorce to a woman before seclusion/intimacy or consummation, this will be valid” (Al-Bahrur Rai’iq Vol 3, Pg 507, Rashiddiyah)

Therefore, if the husband would take her back she will need to complete the Iddah, then re-marry another person and consummate the marriage. If this person then divorces her, she will be able to re-marry the first husband after completing her Iddah. This process is called ‘Halala’.

The above reference can be found in ‘Al-Bahruh Rai’iq, Vol 4, Pg 94,95, Rashidiyyah

Only Allah knows best.

Written by Mufti Javed ibn Nazir Kachhalia

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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