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فتاویٰ > Social System > Revocable divorce

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f:269 -    Shariah ruling on 1 Talaq
Country : Delhi,
Name : Faiz Alam
Question:     2 years ago, I got married to a girl.  Both the families were happy with this match and the couple was living a happy life.  Some time ago, because of some reason, differences developed between us.  The quarrel kept growing.  The girl's folks came for settling the differences, but their words and their manner made things worse.  I gave 1 Talaq to the girl.  Now after 6 months, the girl regrets her mistakes and wants to rejoin with me.  The girl's parents are stopping her from doing so only out of their stubbornness and obstinacy.  Can we again live together?
Answer:     You should not have made the decision to give Talaq in such haste.  When you have 1 Talaq, it is one Revocable Divorce (Talaq Raj'ee) .

1.  If the girl was pregnant and has not yet delivered, then you still have the right to rejoin.

2.  If the delivery has occurred, then the Iddah (waiting period) is over.

3.  If the girl was not pregnant and 6 months have passed, then 3 menses are the Iddah, which as per your report, is completed.

In the last 2 cases, the girl is out of your marriage.  If both of you want to remarry, then you can do so with a new dower (Mehr) in the presence of 2 witnesses.  Now when the girl is regretting her past actions and you are also regretting your act of divorcing her and want to remarry again and spend the rest of the life with mutual understanding, the girl's parents should not stop you from doing so only out of their personal obstinacy.  As given in Fatawa A'alamgiri, Vol. 1, Kitab Ut Talaaq, Pg No. 354)

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director Abul Hasanaat Islamic Research Center]
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