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Remarrying after one irrevocable divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I was married for 19 years and having problems. I decided to take a second wife but was not happy about divorcin the first wife. My second wife made it condition if she marries me I must divorce the first wife. Her family put a lot of pressure on divorce. I got married to her and divorced the first wife after one week. I have four children. After being married married for approximatly for 3 weeks i highly regret divorcin my first wife and consequently have lost all feelings for the second wife. I have no desire of stayin married. My second wife also has 3 children. I issued one irrevocable talaq to my first wife. I desperately need your urgent advice.

A: If you have given your first wife one irrevocable talaaq, it will be permissible to remarry her (whilst she is in the iddat or after the iddat) with her consent and a new mahr.

(وينكح ) مبانته بما دون الثلاث في العدة وبعدها بالإجماع ومنع غيره فيها لاشتباه النسب ( لا ) ينكح ( مطلقة ) من نكاح صحيح نافذ كما سنحققه ( بها ) أي بالثلاث ( لو حرة وثنتين لو أمة ) ولو قبل الدخول وما في المشكلات باطل أو مؤول كما مر ( حتى يطأها غيره ولو ) الغير ( مراهقا ) يجامع مثله وقدره شيخ الإسلام بعشر سنين (الدر المختار 3/409)

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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