❖ Ruling on Reconciliation After a Revocable Divorce:
❖ Is Reconciliation Permissible After 23 Years?
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 854❖ Question:
This question was asked by Muhammad Jīwan, son of Muhammad ʿAbdullāh, of the Kumyār caste, village Tarmal, Tehsil Chunian, District Lahore. He stated that he divorced his wife Khurshīd Bībī, daughter of Begū, of the Kumbhār caste, village Daukay Khaniāna, Tehsil Chunian, District Lahore, due to her insolent speech and misconduct.
He says:
“I divorced my wife Khurshīd Bībī. I no longer have any marital relationship with her. I gave this divorce on 10-03-1974, and there was no prior divorce before this. Now I ask: Can I reconcile with her?”
❖ Answer:
Alḥamdulillāh, and peace and blessings be upon the Messenger of Allāh. To proceed:
If the question is accurate and the circumstances of the divorce are as stated, then assuming the veracity of the question and situation, this will be classified as a revocable divorce (ṭalāq rajʿī), if it was the first or second instance of divorce.
✦ Definition of Revocable Divorce:
A revocable divorce is one in which the husband is permitted by Sharīʿah to take his wife back during her ʿiddah (waiting period).
Since the nikāḥ remains intact during the ʿiddah, reconciliation is valid only before the ʿiddah ends.
If the ʿiddah has passed, then a new nikāḥ (marriage) is permissible without the requirement of ḥalālah.
❖ Evidence from the Qur’an:
﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
Surah al-Baqarah, 2:229
“Divorce is twice; then either keep [her] in an acceptable manner or release [her] with good treatment.”
❖ Tafsīr of Ibn Kathīr:
Imām Ibn Kathīr رحمه الله writes under this verse:
﴿فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
“That is, if you divorce her once or twice, then as long as her ʿiddah remains, you have the option either to take her back with the intention of reconciliation and good treatment, or let her ʿiddah complete so that she becomes free to decide her future.”
(Tafsīr Ibn Kathīr, Vol. 1, p. 272)
❖ Legal Ruling:
From this noble verse and its tafsīr, we learn that the ʿiddah of a revocable divorce is three menstrual cycles or three lunar months.
During this period, the marriage remains valid and reconciliation is allowed.
However, as per the inquirer’s statement, the divorce occurred on 10-03-1974, and today’s date is 13-06-1997, meaning 23 years and 3 months have passed.
Thus, it is clear that the ʿiddah has long expired and the marriage has ended.
Therefore, there remains no scope in Sharīʿah for reconciliation (rujūʿ).
But a new marriage (nikāḥ) is permissible without the need for ḥalālah.
❖ Additional Qur’anic Evidence:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ﴾
Surah al-Baqarah, 2:232
“And when you divorce women and they have fulfilled their term (ʿiddah), do not prevent them from remarrying their [former] husbands if they agree between themselves on an acceptable basis.”
This verse was revealed when Sayyidunā Maʿqil ibn Yasār رضي الله عنه had prevented his divorced sister from remarrying her former husband.
Summary:
① Based on the validity of the question, this was a revocable divorce (ṭalāq rajʿī).
② As the waiting period (ʿiddah) of three menstrual cycles or three months has long passed, reconciliation is no longer valid.
③ The husband can remarry her through a new nikāḥ if both parties agree.
④ There is no requirement of ḥalālah in this case.
⑤ The muftī (jurist) holds no legal responsibility in such cases of delay.
هٰذا ما عندي والله أعلم بالصواب
This is what I hold, and Allah knows best what is correct.
