Islamic Ruling: Marriage Status After Triple Divorce and Khulʿ with Completed ʿIddah
Source: Fatāwā Muḥammadiyyah, Volume 1, Page 853❖ Question:
According to a report, Muhammad Aslam, son of Siraj Din, of the Rajput tribe, resident of Shehzada Street, Saidpur, Multan Road, Lahore, was married to Ghazala Yasmeen, daughter of Ghulam Din, Rajput, from Saidpur, Multan Road, Lahore, around six and a half years ago under Islamic law, with a dower of ₨20,000.
From this marriage, four children were born—one of whom passed away and three are living.
Due to domestic discord, on 31st October 1989, Muhammad Aslam issued three pronouncements of divorce (ṭalāq, ṭalāq, ṭalāq mughallaẓah) to his wife on a stamp paper (serial no. 3566) purchased on 9th October 1988 from Sheikh Muhammad Ahsan, stamp vendor at District Courts, Lahore.
By 1st February 1990, 94 days (3 months and 4 days) had passed since the divorce.
It is also mentioned that Ghazala Yasmeen waived her mahr amount of ₨20,000 as compensation in exchange for a khulʿ.
The following questions are asked:
① Has the divorce taken effect according to Sharīʿah and annulled the marriage?
② If the marriage is annulled, can Ghazala Yasmeen marry another Muslim man?
③ What is the Sharʿī ruling in this scenario, considering the khulʿ?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Based on the validity of the question and events, it is evident that the marriage of Ghazala Yasmeen has legally and Islamically ended.
According to the statement, divorce was issued on 31-10-1989, and as of 1-2-1990, 94 days have passed. This period exceeds the waiting period (ʿiddah).
◉ Sharʿī Waiting Period (ʿIddah)
For a non-pregnant woman (i.e., without childbearing in progress), the ʿiddah is:
➤ Three menstrual cycles (ḥayḍ) – based on the Qur’anic injunction.
➤ According to Pakistani family law: 90 days.
Since 94 days have passed, the divorce is both legally and Islamically effective, and the marriage has been annulled.
Qur’anic Evidence:
﴿ وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ﴾
“Divorced women shall wait concerning themselves for three menstrual periods.”
Surah al-Baqarah, 2:228This verse proves that a woman who is not pregnant must observe a waiting period of three menstrual cycles. Ghazala Yasmeen’s ʿiddah has concluded, and the marriage has thus ended.
Khulʿ and Its Effect on ʿIddah
Since the case also involves khulʿ—because the dower amount (₨20,000) was relinquished in return for separation—the rules of khulʿ also apply.
In khulʿ, the waiting period is only one menstrual cycle.
Refer: Fatāwā Nadhīriyyah, Vol. 3Thus, whether the separation is considered as triple divorce or khulʿ, in both cases, the ʿiddah is completed, and the marriage is no longer valid.
Further Clarification:
All major schools of thought—Ahl al-Ḥadīth, Ḥanafīs, and Shīʿah—agree that upon completion of ʿiddah, the marriage is terminated.
Hence, Ghazala Yasmeen is now religiously permitted to remarry, with the consent of her guardian (walī).
Another Qur’anic Reference:
﴿ الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ﴾
“Divorce is twice; then, either keep [her] in an acceptable manner or release [her] with good treatment.”
Surah al-Baqarah, 2:229Imām Ibn Kathīr رحمه الله writes in his commentary:
“If a man gives one or two divorces, he has the option—while the ʿiddah remains—to take her back with the intention of reconciliation and good conduct. But if the ʿiddah finishes, she becomes separated from him.”
Tafsīr Ibn Kathīr, Vol. 1, Pg. 272
Note on Schools of Thought:
- According to the Ahl al-Ḥadīth, three divorces count as one revocable (rajʿī) divorce, based on Qur’ān and Sunnah.
- According to Ḥanafīs, all three divorces take effect irrevocably in one sitting, hence no revocation is allowed even during ʿiddah.
Sharʿī Ruling:
Based on the authenticity of the question and incident, and in light of the above Qur’anic verses and juristic evidence:
✔ The divorce has taken effect both legally and Islamically.
✔ Due to the completion of ʿiddah, the marriage is nullified.
✔ Ghazala Yasmeen is now free to make decisions regarding her future.
✔ She is allowed, with her walī’s consent, to marry any Muslim man.
The Muftī bears no responsibility for any legal consequences that may arise.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
