❖ Re-Marriage with a Divorced Wife After the Completion of ʿIddah: A Sharʿī Ruling
Source: Fatāwā Muḥammadiyyah, Volume 1, Page 839
❖ Question:
What do the scholars of Islam say regarding the following matter:
On 28-03-1994, due to domestic differences, I issued a divorce to my wife, Surayya Bibi, daughter of Sardar Muhammad, of the Jat tribe, resident of village Ghazi Pur.
Now, we wish to reconcile and re-establish our home in mutual harmony for the sake of maintaining good relations in our community.
According to Sharīʿah and in the light of the Qur’ān and Sunnah, can we resume our marital life?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Amā baʿd:
In the case described — if the details are accurate — then a revocable divorce (ṭalāq rajʿī) has taken place.
In the case of a revocable divorce, returning to the wife during the ʿiddah period (i.e., the duration of three menstrual cycles, or three months, or until childbirth in the case of pregnancy) is permissible in Sharīʿah. As Allah ﷻ says:
❖ Qur’anic Verse:
اَلطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ…
﴿البقرة: 229﴾
"Divorce is twice, then either keep [her] in an acceptable manner or release [her] with good treatment."
[Surah al-Baqarah, 2:229]
❖ Explanation of Revocable Divorce:
That is, a divorce in which the husband retains the right to reconcile with the wife within the ʿiddah period is limited to two times.
✔ ① After the first or second divorce, reconciliation is allowed.
✖ ② After the third divorce, reconciliation is not permitted.
In pre-Islamic times, this right was unrestricted, which led to injustice against women—men would continually divorce and return, neither allowing the woman to settle nor setting her free.
Islam closed this door of oppression and allowed time for reconsideration and reconciliation only after the first and second divorce.
Had separation become permanent after just the first divorce, many social issues would arise.
Allah ﷻ said, "Divorce is twice", indicating that issuing two or three divorces in one sitting and enforcing them immediately is contrary to divine instruction.
The divine wisdom behind this rule is to give the man time to reflect and reform so that, if divorce is given in anger or emotion, there remains room for reconciliation.
Therefore, in the given case, if one or even three divorces were issued, they are considered as revocable divorces (ṭalāq rajʿī).
❖ Commentary from Tafsīr Ibn Kathīr:
Imām Ibn Kathīr رحمه الله writes in the explanation of this verse:
أَيْ: إِذَا طَلَّقْتَهَا وَاحِدَةً أَوِ اثْنَتَيْنِ، فَأَنْتَ مُخَيَّرٌ فِيهَا مَا دَامَتْ عِدَّتُهَا بَاقِيَةً، بَيْنَ أَنْ تَرُدَّهَا إِلَيْكَ نَاوِيًا الْإِصْلَاحَ بِهَا وَالْإِحْسَانَ إِلَيْهَا، وَبَيْنَ أَنْ تَتْرُكَهَا حَتَّى تَنْقَضِيَ عِدَّتُهَا، فَتَبِينَ مِنْكَ.
(Tafsīr Ibn Kathīr, Vol. 1, p. 292)
That is, if you divorce her once or twice, you have the option — as long as her ʿiddah remains — to either take her back with the intention of reform and kindness, or let her go until her ʿiddah expires, after which she becomes separate from you.
❖ View of the Researcher Shaykh Muḥammad Sābiq Miṣrī رحمه الله:
Shaykh writes:
الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان اى ان الطلاق الذى شرعه الله يكون مرة بعدمرة بعد مرۃ انه يجوز…
That is, "Divorce is twice" implies that divorce, as legislated by Allah, is to be given one at a time when necessary. In such divorce, the right to reconciliation within the ʿiddah remains.
"إمساك بمعروف" means taking the wife back into the marriage with the intention of reform, not of causing harm.
❖ Qur’anic Evidence for Reconciliation:
﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ... وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا﴾
﴿البقرة: 228﴾
"Divorced women shall wait for three menstrual periods. And it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back during this period, if they want reconciliation."
This verse clearly indicates that in revocable divorce, the husband has the right to return to his wife during the ʿiddah, if the intention is reform.
❖ Current Case: After the ʿIddah Has Passed
Since one year, nine months, and twenty-seven days have passed since the divorce, the ʿiddah has ended, and the divorce has taken effect, thus terminating the nikāḥ.
❖ Sharʿī Ruling on Second Nikāḥ After ʿIddah:
As this was a revocable divorce, after the ʿiddah, a new marriage contract (nikāḥ) can be performed without ḥalālah.
As mentioned in the Qur’ān:
﴿فَإِمْسَكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ﴾
﴿البقرة: 231﴾
"When you divorce women and they complete their term, do not prevent them from marrying their husbands if they mutually agree in a decent manner."
This verse was revealed regarding the incident of Sayyidunā Maʿqil ibn Yasār رضي الله عنه, when he prevented his sister from remarrying her former husband.
(Ṣaḥīḥ al-Bukhārī, Book of Tafsīr, Vol. 2, p. 269 | Book of Divorce)
❖ Conclusion of the Discussion:
◈ A revocable divorce has occurred in the case.
◈ Since the ʿiddah period has ended, reconciliation by return is no longer valid.
◈ However, a new marriage (nikāḥ thānī) is permissible and valid without ḥalālah.
This fatwa is written based on the correctness of the question and does not hold the Muftī responsible in legal disputes.
هٰذا ما عندي، والله أعلم بالصواب
