How does one reconcile after issuing a divorce

May 17, 2023 | Talaaq (Divorce)

Question:-

When a husband and wife reconcile after a divorce, prior to a period of 3 months elapsing, what actions are being referred to? Is it any kind of physical contact, or does it refer to something as simple as hugging, holding hands, kissing, or does it specifically imply sexual interaction?

Answer:-

When a woman is divorced, she is required to serve her Iddah. The Iddah period is three menstrual cycles, and not three months. Yes, an elderly woman who has passed the age of menopause and no longer experiences her menstrual cycle, will count her Iddah with months (3 months).

Now, if the divorced woman is still serving her Iddah (meaning that three menstrual cycles haven’t yet elapsed), then the husband may revoke the Talaaq without having to renew the Nikah, if the divorce (that was issued) was a revocable divorce. He simply has to inform his wife that he has revoked the divorce, or, he may express some affection towards her such as kissing her or holding her, etc. Such actions will constitute revoking the divorce. The consent of the wife is not required in this instance.

However, if he issued an irrevocable divorce, then he will be required to renew the Nikah with the wife’s consent, irrespective of whether he revokes the divorce during the Iddah or after the Iddah period. Merely expressing love and affection, or informing her that he has revoked the Talaaq, will not suffice in this instance.

The above ruling is only applicable if the husband had issued one, or two divorces. If he issued three divorces, then it is not possible to revoke the divorces.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 26 Shawwal 1444 / 17 May 2023

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