Home » Hanafi Fiqh » ShariahBoard.org » Is it khalwat e sahiha or fasida..can we remarry?

Is it khalwat e sahiha or fasida..can we remarry?

Answered as per Hanafi Fiqh by ShariahBoard.org


I divorced my wife (3 times in one go) before consummation. We met once when my wife was attending her friend’s wedding in our car parked at a roadside wedding banquet. We hugged and kissed each other and had no intention of doing intercourse. The place where our car was parked was not a safe place to do more than a hug or a kiss as there were people moving around and we could see them as our car didn’t have tinted glass. Furthermore, there was a huge residential building overlooking us. After having a normal talk of 30 minutes my ex-wife returned to the wedding .

I want to know whether the situation is khalwat e sahiha or fasida.

Me and my X happily want to reconcile. Can we remarry with new nikah and meher or not?

Much help needed


الجواب وباللہ التوفیق

In the situation inquired about as you have issued 3 divorces “3 times in one go” to your wife before the consummation of marriage, hence those 3 divorces haven taken effect and you two have become strangers for each other. Therefore, it is impermissible for you to have Nikah with her. Similarly it is also strictly impermissible and Haram for you to meet her in solitude and/or involve in kissing.  

وإذا طلق الرجل امرأتہ ثلاثاً قبل الدخول بہا وقعن علیہا، فإن فرق الطلاق بانت بالأولی ولم تقع الثانیۃ والثالثۃ وذٰلک مثل أن یقول أنت طالق، طالق، طالق۔ (الفتاویٰ الہندیۃ ۱؍۳۷۳ زکریا، کذا في الدر المختار علی ہامش الرد المحتار ۴؍۵۱۲ زکریا، کذا في تبیین الحقائق / کتاب الطلاق قبل الدخول ۳؍۷۱ دار الکتب العلمیۃ بیروت)

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

Read answers with similar topics: