Fatwa #1413130 March 2006United Kingdom
i need information on Halaalah. How it can be done Islamically
Question
I recently divorced my wife Islamically and have now become alienated from the rest of the family as my ex-wife is also my cousin. Anyhow, i had my reasons for divorcing as i strongly believe that we were no longer married under Shariah. Therefore i need information on Halaalah. How it can be done Islamically.
Answer
We do not understand the reason for you divorcing your wife as you believed you were no longer married to her. In that instance, there was no need to issue divorce.
Nevertheless, if you issued your wife with an express divorce, for example, you stated ‘I divorce you’, or ‘I give you Talaaq’, then one revocable divorce takes place. You may revoke the divorce within the iddah period by stating to your wife, ‘I take you back as my wife’ or by being intimate with her. The same ruling will apply if you issued two revocable divorces at the same time or before the expiry of iddah. If the iddah terminates, the revocable divorce will then become Baain (irrevocable). In that instance, a reperformance of Nikah will be necessary. If you issued your wife one Talaaq-e-Baain, that is you state Talaaq in unclear terms with the intention of Talaaq, for example, ‘I do not want you’, then a reperformance of Nikah is necessary.
However, if you issued your wife three divorces, then that will be Talaaq-e-Mughalladha (permanently irrevocable divorce). You cannot revoke the divorce or even remarry her until she marries another man after the expiry of her iddah. If her husband divorces her after consummating the marriage, then you could marry her after her iddah. That too if she agrees. The Halaalah process should not be a deliberate cause of action.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai