Fatwa #1513330 April 2007Saudi Arabia
He issued Talaq e Raji. Can the wife return back to him?
Question
One husband gives one talaq orally to make his wife for warning for something, but the wife out of too much displeased with that she passes the 90 days/iddat period. So the marriage terminates but they can re-marry, right? From her unwilling to come within the period husband goes to the court to bring an official termination of the marriage where he has to sign a paper where he gives three talaq (of course after termination of marriage). My question is how many talaq will be imposed on that woman? After marriage's termination (that) three or one that the husband gave during their conjugal life?
Jazakallahu khairan.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
If the husband issued one talaq-e-raji, then he could have revoked the talaq during the iddat period. It was not upon the wife to come back. If she decided to return to the husband, then too she could not do so if the husband did not revoke the divorce. Nevertheless, if her iddat period has terminated, the talaq-e-raji will becomea baain (an irrevocable divorce). After the iddat period, the wife becomes a stranger. She is no more his wife. In principle, a man cannot issue divorce to a woman who is not his wife. Therefore, the document of three divorces will not be valid.
And Allah knows best
Mufti Ebrahim Desai
Darul Iftaa