Fatwa: # 16988
Category: Divorce (Talaaq)
Country: United Kingdom
Date: 5th August 2008

Title

I and my wife are seperated, I want give her one Talaaq, after giving one talaaq where I stand?

Question

I and my wife are seperated, I want give her one Talaaq, after giving one talaaq where I stand ? can I take my wife back ? If I can then within what time scal I have to take her back? and if there is time limit then what will happen if I dont take her back within that time limit given by sharriah.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Talaaq or divorce is a very delicate issue. It has been described as ‘the most detestable of all lawful things.’ Rasulullah صلى الله عليه وسلم said:

عنِ ابْنِ عُمَرَ عَنِ النَّبِىِّ -صلى الله عليه وسلم- قَالَ  أَبْغَضُ الْحَلاَلِ إِلَى اللَّهِ تَعَالَى الطَّلاَقُ َ

“The most detestable of lawful acts in the sight of Allah Ta’ala is Talaaq.”(Abu Dawud)

 However, despite Talaaq being so abominable, the Shari’a has permitted it. At times, when marriage has broken down irretrievably precluding any hope of reconciliation, the best option is divorce so that the parties can honorably part and go their respective ways. Before reaching this point, every effort should be made to consult the Ulama and resolve problems and impediments that may lead to divorce. Adherence to the laws of Shari’a and practical implementation of the Sunnah are vital factors in any marriage for the preservation of tranquility, harmony and love. Many people have given Talaaq in anger only to realize their mistake when the anger has subsided, when at times it is too late to go back and families have been broken and hearts have been shattered.

If the Ulama were consulted and every effort has been made to resolve the problems but to no avail then the following should be observed:

1.      Talaaq should be issued to the woman whilst she is in the state of Tuhr (Purity). Talaaq should not be given whilst the woman is in the state of impurity (Haid).

2.      To give one Talaaq Raj’i (a revocable Talaaq), the words of Talaaq have to be stated clearly. E.g.  “I divorce you”

3.      Once this Talaaq Raj’i has been given, the period of returning to ones wife will remain until the termination of her iddah.

4.      Once the iddah has terminated the right to revoke the divorce ceases.

5.      If the husband decides to return to his wife(i.e. take her back in his Nikah) within the period of her iddah he can do this by:

(a)       Saying ‘I have taken you back’ or ‘I returned to my wife’ in the company of two witnesses who witness his statement either in the company of his wife or in her absence but later informing her that he has taken her back. (This is the most appropriate way of taking ones wife back.)

(b)   Cohabiting with his wife or by kissing her.

(Extracted from Fatawa Hindiya Vol 1 Pg 468)

And Allah knows best

Zakariyya Madatt,

Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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