Reuniting after a faskh

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My question is twofold: 1) Can I retain my wife in a marriage wherein she claims that I have not been emotionally supportive of her and she is unhappy, yet I feel I want to work on the issues (especially since we have 3 children to consider)? 2) We have already divorced twice (2 talaqs) and knowing that after the 3rd talaq we cannot reconcile without first marrying other people – what if she had to pursue a Fasakh (annulment) which is then granted, can we perhaps still re-marry after that?

Bismillaah

A: Yes. If after the faskh you both wish to reunite, then it will be permissible provided a new nikaah is performed with a separate mahr.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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