Remarrying despite the first husband revoking the talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I married a man in october 2013. We had some ups and down but Alhumdolillah we managed. Our nikah was not in knowledge of our parents. He was trying to explain his parents but his parents were asking for a Sayed girl as he is from a Sayed family. By that time my parents decided my marriage somewhere so I asked him to divorce me.

Now on 18th october 2016 he gave me one talaq but that time I didnt want to leave him and he too was not willing to leave me. After that we were in touch during my iddah as we couldn’t control our desires. We used to have foreplay every other day and we had sex in December which was before my completion of my iddah.

Now I married other guy on 1st january 2017. I made sexual relationship with him too but it was during my menstual cycle but since 21st january, I am in UK and new guy is in Pakistan. My father knew about my first marriage but he didn’t stop me from the second marriage. Now I got doubt that was my iddah of first marriage completed? Is my second marriage valid in islam? After having sex with my husband during my iddah period is our marriage reconciled? I don’t want to go on path of sin. 

Bismillaah

A: If it was just a clear word of talaaq only then he has the right to revoke within the period of iddat. Getting together is also a way of revoking. If it is such then you are still in the nikaah of the first husband.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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