Which type of divorce is it ?
I have a question in relation to divorce and idaah period.
Me and my husband were going through troubles. I asked him to release me. His response was “is that what you want”. I replied”yes”. He then said” if that is what you want , okay”.
We were told that it is a complete divorce and that the only way for me to ever return as his wife is to marry someone else. Then there is a chance of return.
In the idaah period , can i return as his wife if he wants me to return?
Please note that we have been married nearly two years and mehr was not given.
Answer
Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh
The type of divorce issued in this scenario is referred to as a Ṭalāq Bā’in (an irrevocable divorce) which is a divorce issued inexplicitly.
The implications of such a divorce are that you would have to complete your ʿIddah period and thereafter renew your Nikāḥ, provided that the divorce issued was not the third divorce issued to you by your husband.
If it happened to be the third divorce that he has issued to you, then the only way to be in his Nikāh once again would be to marry another man, consummate the marriage, for him to willingly divorce you where there are valid grounds to do so, and then for you to complete the necessary ʿIddah period as a result thereof.
In respect to the Mahr, that remains a debt upon him in your favor.