Would It Be Possible for the Husband and Wife To Have Their Nikah Done Again if the Divorce Was Done Through the Courts?

Answered by: Shaykh Ahmed Bin Mohamed Umarji

Question:

I have a query regarding the remarriage of a divorced couple. The couple was divorced and separated for 3 yrs. No one got married to any other person. They have 2 children and want to remarry. Is it permissible in our Shariah? Jzk

This divorce was facilitated through the courts. Would it be possible for them to have their nikah done again? There was no other divorce/talaq other than the one facilitated by the court.

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

Answer:

The divorce that is facilitated through the courts will be considered to be one Talaq Baain (irrevocable divorce). When a man gives his wife one Talaq Baain (irrevocable divorce) then before the Iddah (waiting period) is completed, he has the choice of taking the wife back.¹ If the Iddah (waiting period) is completed a new Nikaah will have to be solemnized.²

Since they have been divorced and separated for three years and the Iddah (waiting period) was completed they will have to solemnize a new Nikah if they would like to get back together.

Only Allah knows best

Written by Shaykh Ahmed Bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

1 Mukhtasar Al-Quduri, Page 325, Mustafah Publishers

2 Kitab Ul Fiqh, Page 260, Zam Zam Publishers