Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
After completing her ‘iddah (waiting period), can a woman remarry her former husband or is she required to marry someone else?
If a woman has received one or two divorces and her ‘iddah has ended, then she has the choice: she may either remarry her former husband or marry someone else.
However, if the woman has been divorced three times, she cannot remarry her first husband after completing her ‘iddah unless she lawfully marries another man, and that second husband either divorces her willingly or passes away. Only then can she remarry her first husband.
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ
“And if he divorces her [for the third time], then she is not lawful to him afterward until she marries another husband. And if the latter divorces her, then there is no blame upon them [the woman and her former husband] to reunite, if they believe they can uphold the limits set by Allah.”
Sūrah al-Baqarah: 230
Sayyidunā Abū Hurayrah رضي الله عنه narrated:
I heard Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه say:
“If a man gives his wife one or two divorces, and does not reconcile until her ‘iddah ends, and she then marries another man who either dies or divorces her, then she may marry her first husband again. She will continue to live with her former husband on the basis of the remaining divorce(s) left from before.”
Muwaṭṭaʾ Imām Mālik: 2/586 | Chain: Ṣaḥīḥ
① If the divorce was one or two, and the ‘iddah has ended, she may remarry her former husband without any additional conditions.
② If the divorce was three, she cannot return to the former husband unless she marries another man, and he divorces her of his own will or dies.
③ The marriage to the second husband must be genuine; a mere ḥalālah arrangement (pre-planned temporary marriage) is haram and invalid according to Islamic law.
④ In the case of returning to the first husband after a second marriage ends, the previous remaining divorces (ṭalāq) will be considered.
❖ Question:
After completing her ‘iddah (waiting period), can a woman remarry her former husband or is she required to marry someone else?
✿ Answer:
If a woman has received one or two divorces and her ‘iddah has ended, then she has the choice: she may either remarry her former husband or marry someone else.
However, if the woman has been divorced three times, she cannot remarry her first husband after completing her ‘iddah unless she lawfully marries another man, and that second husband either divorces her willingly or passes away. Only then can she remarry her first husband.
❀ Qur’anic Evidence:
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ
“And if he divorces her [for the third time], then she is not lawful to him afterward until she marries another husband. And if the latter divorces her, then there is no blame upon them [the woman and her former husband] to reunite, if they believe they can uphold the limits set by Allah.”
Sūrah al-Baqarah: 230❀ Hadith Evidence:
Sayyidunā Abū Hurayrah رضي الله عنه narrated:
I heard Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه say:
“If a man gives his wife one or two divorces, and does not reconcile until her ‘iddah ends, and she then marries another man who either dies or divorces her, then she may marry her first husband again. She will continue to live with her former husband on the basis of the remaining divorce(s) left from before.”
Muwaṭṭaʾ Imām Mālik: 2/586 | Chain: Ṣaḥīḥ
Key Rulings:
① If the divorce was one or two, and the ‘iddah has ended, she may remarry her former husband without any additional conditions.
② If the divorce was three, she cannot return to the former husband unless she marries another man, and he divorces her of his own will or dies.
③ The marriage to the second husband must be genuine; a mere ḥalālah arrangement (pre-planned temporary marriage) is haram and invalid according to Islamic law.
④ In the case of returning to the first husband after a second marriage ends, the previous remaining divorces (ṭalāq) will be considered.
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