Ruling on Remarriage or Reconciliation After Triple Divorce – In Light of the Qur'an and Hadith
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 804
On 24-11-1991, due to domestic discord, I gave one ṭalāq to my wife, Munawwar Sultāna.
On 25-12-1991, I gave her a second ṭalāq.
After the completion of her ʿiddah, I remarried her.
Then, due to further disputes, I issued a third ṭalāq on 01-07-1992.
My question is:
Can I, considering the better future of our children, reconcile with or remarry this thrice-divorced wife according to Sharīʿah?
Around 3 years and 2 months ago, my daughter Zahra Bibi married Muḥammad ʿĀrif, son of Jān Muḥammad (tribe Changar), residing in Sultan Abad, Shah Road, Gujrat.
She lived intermittently with her husband for about one month.
Due to family disputes, her husband angrily declared “ṭalāq, ṭalāq, ṭalāq” verbally.
It has now been 3 years and 1 month since the incident, and he has not reconciled.
She has been living with me since then.
My question is:
Have these three verbal ṭalāqs issued by the husband taken effect under Islamic law?
Please provide a well-supported Sharʿī ruling.
If any factual error is present, I bear full responsibility.
الحمد لله، والصلاة والسلام على رسول الله، أما بعد:
Based on the accuracy of the question and provided facts, in both cases, the ruling of Ṭalāq Bā’inah Kubrā (major irrevocable divorce) has taken effect.
"الطلاق البائن (الکبریٰ) ھو الطلاق المکمل للثلاث"
(Fiqh al-Sunnah, Vol. 2, p. 237)
Translation:
A Ṭalāq Bā’inah Kubrā is the divorce which completes all three ṭalāqs.
It is mentioned in Minhāj al-Muslim:
If a man pronounces three ṭalāqs in separate sittings, or issues a third ṭalāq after two have already occurred, then it constitutes Ṭalāq Bā’inah Kubrā, a major and final separation.
After this, severe prohibition (ḥurmat mughaẓẓalah) arises between the husband and wife.
The woman is not ḥalāl (permissible) for her former husband unless she marries another man, and:
① That second husband consummates the marriage, and
② Later divorces her without any prior arrangement or deception, or dies.
(Minhāj al-Muslim, pp. 639–640)
﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ﴾
(Sūrah al-Baqarah)
Translation:
“If he (the husband) divorces her [for the third time], she is not ḥalāl for him thereafter until she marries another husband.”
(Al-Baqarah 2:230)
أَيْ أَنَّهُ إِذَا طَلَّقَ الرَّجُلُ امْرَأَتَهُ طَلْقَةً ثَالِثَةً بَعْدَ مَا أَرْسَلَ عَلَيْهَا الطَّلَاقَ مَرَّتَيْنِ، فَإِنَّهَا تَحْرُمُ عَلَيْهِ حَتَّى تَنْكِحَ زَوْجاً غَيْرَهُ، أَيْ حَتَّى يَطَأَهَا زَوْجٌ آخَرُ فِي نِكَاحٍ صَحِيحٍ...
(Tafsīr Ibn Kathīr, Vol. 1, p. 297)
Translation:
When a man divorces his wife for the third time, after already having divorced her twice, she becomes unlawful for him, until she marries another man in a valid marriage and he has sexual relations with her.
If any other man has intercourse with her without a valid marriage, even if he owns her as a slave, she does not become ḥalāl for the first husband.
Also, if the second marriage is not consummated, the woman does not become lawful for the first husband.
In case of Thanaullah and Munawwar Sultāna:
① 1st ṭalāq on 24-11-1991
② 2nd ṭalāq on 25-12-1991
③ After remarriage, 3rd ṭalāq on 01-07-1992
→ This clearly constitutes Ṭalāq Bā’inah Kubrā.
Since Munawwar Sultāna has not lawfully married another man, she is now permanently prohibited (ḥarām) for Thanaullah.
In the second case (Zahra Bibi and Muhammad ʿĀrif), the verbal triple ṭalāq that occurred three years ago also results in Ṭalāq Bā’inah Kubrā, thus ending the marriage.
⚠ Note:
The issuing Muftī holds no liability for any legal or court-related consequences.
هٰذا ما عندي، والله أعلم بالصواب
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 804
❖ Question 1:
On 24-11-1991, due to domestic discord, I gave one ṭalāq to my wife, Munawwar Sultāna.
On 25-12-1991, I gave her a second ṭalāq.
After the completion of her ʿiddah, I remarried her.
Then, due to further disputes, I issued a third ṭalāq on 01-07-1992.
My question is:
Can I, considering the better future of our children, reconcile with or remarry this thrice-divorced wife according to Sharīʿah?
❖ Question 2:
Around 3 years and 2 months ago, my daughter Zahra Bibi married Muḥammad ʿĀrif, son of Jān Muḥammad (tribe Changar), residing in Sultan Abad, Shah Road, Gujrat.
She lived intermittently with her husband for about one month.
Due to family disputes, her husband angrily declared “ṭalāq, ṭalāq, ṭalāq” verbally.
It has now been 3 years and 1 month since the incident, and he has not reconciled.
She has been living with me since then.
My question is:
Have these three verbal ṭalāqs issued by the husband taken effect under Islamic law?
Please provide a well-supported Sharʿī ruling.
If any factual error is present, I bear full responsibility.
❖ Answer:
الحمد لله، والصلاة والسلام على رسول الله، أما بعد:
Based on the accuracy of the question and provided facts, in both cases, the ruling of Ṭalāq Bā’inah Kubrā (major irrevocable divorce) has taken effect.
✿ Definition of Ṭalāq Bā’inah Kubrā:
"الطلاق البائن (الکبریٰ) ھو الطلاق المکمل للثلاث"
(Fiqh al-Sunnah, Vol. 2, p. 237)
Translation:
A Ṭalāq Bā’inah Kubrā is the divorce which completes all three ṭalāqs.
✿ Explanation:
It is mentioned in Minhāj al-Muslim:
If a man pronounces three ṭalāqs in separate sittings, or issues a third ṭalāq after two have already occurred, then it constitutes Ṭalāq Bā’inah Kubrā, a major and final separation.
After this, severe prohibition (ḥurmat mughaẓẓalah) arises between the husband and wife.
The woman is not ḥalāl (permissible) for her former husband unless she marries another man, and:
① That second husband consummates the marriage, and
② Later divorces her without any prior arrangement or deception, or dies.
(Minhāj al-Muslim, pp. 639–640)
✿ Qur’anic Evidence:
﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًۭا غَيْرَهُ﴾
(Sūrah al-Baqarah)
Translation:
“If he (the husband) divorces her [for the third time], she is not ḥalāl for him thereafter until she marries another husband.”
(Al-Baqarah 2:230)
✿ Tafsīr Ibn Kathīr:
أَيْ أَنَّهُ إِذَا طَلَّقَ الرَّجُلُ امْرَأَتَهُ طَلْقَةً ثَالِثَةً بَعْدَ مَا أَرْسَلَ عَلَيْهَا الطَّلَاقَ مَرَّتَيْنِ، فَإِنَّهَا تَحْرُمُ عَلَيْهِ حَتَّى تَنْكِحَ زَوْجاً غَيْرَهُ، أَيْ حَتَّى يَطَأَهَا زَوْجٌ آخَرُ فِي نِكَاحٍ صَحِيحٍ...
(Tafsīr Ibn Kathīr, Vol. 1, p. 297)
Translation:
When a man divorces his wife for the third time, after already having divorced her twice, she becomes unlawful for him, until she marries another man in a valid marriage and he has sexual relations with her.
If any other man has intercourse with her without a valid marriage, even if he owns her as a slave, she does not become ḥalāl for the first husband.
Also, if the second marriage is not consummated, the woman does not become lawful for the first husband.
Final Verdict:
In case of Thanaullah and Munawwar Sultāna:
① 1st ṭalāq on 24-11-1991
② 2nd ṭalāq on 25-12-1991
③ After remarriage, 3rd ṭalāq on 01-07-1992
→ This clearly constitutes Ṭalāq Bā’inah Kubrā.
Since Munawwar Sultāna has not lawfully married another man, she is now permanently prohibited (ḥarām) for Thanaullah.In the second case (Zahra Bibi and Muhammad ʿĀrif), the verbal triple ṭalāq that occurred three years ago also results in Ṭalāq Bā’inah Kubrā, thus ending the marriage.
⚠ Note:
The issuing Muftī holds no liability for any legal or court-related consequences.
هٰذا ما عندي، والله أعلم بالصواب
