Fatwa #172813 November 2008United Arab Emirates
He uttered Talaaq seven times
Question
i want to ask u that my cusion,s husband has given a talaaq to her.by saying her name first time then he said talaaq talaaq 7 time n went out.so talaaq is valid or not.and now he feeling oitty on that and want her back in his life.they can do hillala or not. they both are agree to do hillala. they can do or not according to islaam.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
If your cousin’s husband uttered talaq seven times to your cousin (his wife) then that constitutes as talaq-e-mughallazah (a permanently irrevocable divorce). The nikah has terminated and your cousin and her ex-husband cannot live as husband and will. Your cousin will have to observe her iddat of three menses is she is experiencing menses and she is not conceived. After the iddat she may marry anyone else besides her ex-husband.
If she remarries and the marriage is consummated and the second husband divorces her, then only she may remarry after the iddat of the divorce of the second marriage. This is called halalah. It is not permissible to arrange halalah to merely make it permissible for the ex-wife to marry her ex-husband.
And Allah Ta'ala Knows Best
Mufti Ebrahim Desai
Darul Iftaa