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Halaala: The Proper Way After Divorce in Shariah Law

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: As per law of Shariah, divorce happened between me and my husband as he said talaaq thrice. Now he wants me back. What is the proper way of halaala?

Bismillaah

A: If the husband issues three talaaqs, the nikaah automatically terminates. It will not be permissible for the both to continue living together. If they both wish to remarry, it will not be permissible unless the Shar’ee procedure of Halaalah takes place (i.e. After spending ‘iddat, the wife remarries and the second nikaah is also consummated. Thereafter the second husband divorces her  After spending iddat of the second nikaah, it will be permissible for her to return to her previous husband). For further details refer to http://muftionline.co.za/node/15302

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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