04 Dec 2021 Ref-No#: 4068

My husband had given me my third Talak.

I had a discussion with my ex-husband that would he be willing to re-marry me
if I were to complete Halaala.

He had agreed that he will be willing to re-marry me provided we address the
issues that resulted in the divorce which I was willing to work on and if
halaala was acceptable in Sharia.

I had found out more on haalala and found a few recommendations verifying
that haalala is permissible in Islam from local and reputable Mufti’s under
certain conditions.

My Sources of information

1.      I found the advices from late Mufti Ebrahim Desai website.
a.      http://askimam.org/public/question_detail/19174
b.      http://askimam.org/public/question_detail/37500
c.      http://askimam.org/public/question_detail/8804
d.      http://askimam.org/public/question_detail/27796
e.      http://askimam.org/public/question_detail/17323
f.      http://askimam.org/public/question_detail/6837

2.      I found a similar response on the MuftiOnline website.
a.      http://www.muftionline.co.za/node/7066
b.      http://muftionline.co.za/node/20605

Based on the above Fatwa’s, on my own terms and without any assistance from
anybody including my ex-husband, close relatives, and friends I had found a
man that was willing to assist. He agreed to marry me with the sole intention
of helping me out with my situation.  He was also very private about this and
did not inform anybody of his intentions.

We had a nikkah with an alim conducting the nikah after which we consummated
the marriage.

After the marriage was consummated the man had verbally issued me the divorce
and these were the words used

“On the day before your next period the talaq will take effect so that you
can resume with your former husband and reunite with the children”

I am currently sitting in my Iddat

Can you confirm that after my iddat I
may re-marry my 1st husband



Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh

In the enquired scenario, if no mention had been made at the time of the second Nikāḥ with regard to it being temporary or time-bound, and there were also two witnesses present at such a Nikāḥ, then your second husband has been authorized to divorce you, but at such a time where he in his sole discretion decides and where there are valid grounds to do so.

Once he willingly chooses to divorce you, and after you complete the necessary ʿIddah period, you may then return to your first husband by means of a valid Nikāḥ.

  • Hidden
  • Hidden
  • Hidden