Fatwa #259462 July 2013India
Is the Talaq valid and can the girl remarry someone else?
Question
I want to ask that if a husband gives one talaq to his wife and then they both even dont talk for 3 months that means husband doesnt revoke his talaq and doest say I do "rujoo". Is talaq valid then? Can the girl remarry to someone else? Or will it be necessary for husband to give 2nd and 3rd talaqs.
In this case the girl was oppressed and she asked her husband to give talaq or she will visit cleric to nullify her marriage as she was very much tortured by her husband.
Now husband is saying he is not ready for 2nd and 3rd talaaq because he is saying that when in future wife wants to go back to him then she can remarry him.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If the husband issued his wife one Talaq only with the express word of Talaq or divorce, then that is a Talaq- e –raji which implies that the husband can revoke the divorce within the period of Iddah which is three menstrual cycles if the wife experiences menses or three months if the wife does not experience menses.
If the husband did not revoke the divorce within the Iddah period, then the Talaq –e- raji will be converted to a Talaq-e-ba’in which is an irrevocable divorce. Accordingly, the husband cannot unilaterally revoke the divorce. If he wishes to reconcile with his wife, he will have to remarry her with her consent. If the wife wishes to marry someone else, she is at liberty to do so.
There is no need for the former husband to issue the second and third divorce in order for her to marry someone else.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.