❖ Sharʿī Ruling on Reconciliation in Revocable Divorce – In Light of Fatāwā Muḥammadiyyah
Source: Fatāwā Muḥammadiyyah, Volume 1, Page 844
❖ Question:
What is the opinion of the scholars and jurists of Islamic Sharīʿah regarding the following issue:
I, Sufi Iftikhar Ahmad, son of Sufi Ghulam Muhammad, resident of Akram Manzil, Flat No. 8, Jameela Street, near Hoti Market, Karachi, issued one divorce to my wife, Tayyibah, daughter of Sufi Ghulam Muhammad, resident of House No. 1229-G, Naya Mohallah, Sheranwala Gate, Lahore, in a single sitting on 25th April 1991.
Now, we are regretful over our actions and, in view of complications related to our children and community, we are inclined toward reconciliation.
Please guide us in light of the Qur’ān and Sunnah:
Can we reconcile and restore our marriage, or not?
Kindly issue a Sharʿī fatwā.
Note: Six months prior, I had also given my wife a divorce — this is the second occurrence.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Amā baʿd:
Provided the question and facts are accurate, then a single revocable divorce (ṭalāq rajʿī) has occurred in this case.
And in the matter of revocable divorce, it is unanimously agreed among the scholars of the Ummah that:
✔ During the ʿiddah (waiting period), reconciliation (rajʿ) is permissible, and
✔ After the ʿiddah ends (i.e., after three menstrual cycles, or three months, or delivery of a pregnancy), a new marriage contract (nikāḥ) is also unanimously permissible.
❖ Qur’anic Evidence:
اَلطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ…
﴿البقرة: 229﴾
"Divorce is twice; then either retain [her] in a fair manner or release [her] with good treatment."
[Surah al-Baqarah, 2:229]
❖ Tafsīr Ibn Kathīr رحمه الله:
Imām Ibn Kathīr رحمه الله explains this verse:
If you have divorced her once or twice, then you are permitted — while she is still in her ʿiddah — to either take her back with the intention of reform and kindness or to leave her until the ʿiddah ends, upon which she becomes separated from you.
(Tafsīr Ibn Kathīr, Vol. 1, p. 272)
❖ Tafsīr Fatḥ al-Qadīr – Imām al-Shawkānī رحمه الله:
Imām al-Shawkānī writes:
This verse refers to revocable divorce, i.e., the kind of divorce where the husband has the right to take his wife back — and that applies to the first and second divorces only. After the third divorce, reconciliation is no longer permitted.
Allah ﷻ used the word "twice" (مَرَّتَانِ) instead of “two divorces” (طلقتان) to indicate that divorces should be issued one at a time, not two at once.
(Fatḥ al-Qadīr, Vol. 1, p. 238)
He further adds:
Ibn ʿAbbās, Ibn Masʿūd, and other companions رضي الله عنهم said:
This verse determines the time during which a man may take his wife back.
So if a husband issues one or two divorces, he retains the right to reconcile before the ʿiddah ends.
(Fatḥ al-Qadīr, Vol. 1, p. 240)
❖ Tafsīr Jāmiʿ al-Bayān – Shaykh Muʿīn al-Dīn Muḥammad ibn ʿAbd al-Raḥmān:
Shaykh writes:
The phrase “retain [her] in a fair manner” (فَإِمْسَاكٌ بِمَعْرُوفٍ) means that if you have divorced your wife once or twice, you have the option to reconcile and treat her kindly to restore the home.
(Tafsīr Jāmiʿ al-Bayān, verse 229, p. 56)
❖ Conclusion and Sharʿī Ruling:
According to the above verses and interpretations of renowned Mufassirīn:
◈ In the given case, only one revocable divorce has occurred.
◈ As per the details, Sufi Iftikhar Ahmad had also given a prior divorce six months ago and later reconciled.
◈ Thus, two divorces have occurred in total.
The second divorce was given on 25 April 1991, and today is 17 July 1991, i.e., 84 days have passed.
Since the wife, Tayyibah, falls under the category of “women who no longer menstruate” (واللائي يئسن من المحيض), her ʿiddah is three months, not three menstrual cycles.
Therefore, since only 84 days have passed and 90 days are required, the ʿiddah is not yet complete.
✦ The previous nikāḥ is still valid, and reconciliation (rajʿ) is permissible under Sharīʿah.
✦ There is no need for ḥalālah in such a case.
✦ There is no scholarly difference of opinion on this matter.
Note:
The Muftī bears no responsibility for legal or court-related complications.
Confirmation from a competent court is advisable for legal proceedings.
هٰذا ما عندي، والله أعلم بالصواب
