Fariq Naik – How Can I Reunite with my Wife whom I Divorced Three Times Three Years Ago
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Assalamu alaikum. I'm doctor Erdogan from Islamabad, Pakistan.
I divorced my wife 3 years ago on
telephone by saying the word three times and
hung up the phone. Since then, we are
not living together.
Now after 3 years, we want to reunite.
So can we live together?
Kindly advise me. What should I do? Should
I remarry her again? Because I'm confused
as I have listened to different Islamic scholars.
May Allah subhanahu wa ta'ala bless you
and give you ajaf.
1st,
let us discuss the Islamic ruling on triple
talaq.
If a man
tells his wife that you are divorced 3
times or
talaq talaq talaq. Three times.
Is it considered as 1 talaq or is
it considered
as 3 talaq and it is irrevocable talaq?
The scholars, they have differed upon this into
2 opinions. The first opinion is the opinion
of the former madahib.
That is the Hanafi,
maliki, shafi,
and humbly school of thought. All the former
madahib say that if a man tells his
wife talaq talaq talaq, or if the man
tells his wife talaq talaq talaq three times
in the same sitting, it is considered as
3 talaq and it is irrevocable
and
if he wants to return back to his
wife, but not after the Ida period is
over, then
it he needs to marry someone else.
And if that marriage doesn't work out, then
he can return back to his
wife that he has divorced.
This is the first opinion. The second opinion
is the opinion
of that if a man tells his wife
talak talak talak three times, in the same
sitting it is considered as one talaq. And
this is the opinion of Sheikh Islam Ibn
Taymiyyah and his student Ibnu Qayyim,
Rahim Ummulla. May Allah have mercy on them.
As well as the opinion of bin Baz,
Rahim Ummulla and Ibn Uthaimin, Rahim Ummulla and
Imam Shookani and other scholars as well.
That 3 talaq, if it is given in
one sitting, it is considered as 1 talaq.
And
the second opinion,
inshallah,
it is a more appropriate opinion. And Allah
subhanahu wa ta'ala knows best.
Now coming to your question that
you call up your wife and over the
telephone you told her
and you hung up the phone. So is
does divorce take place in this place?
And is it considered as 3 divorce or
1 divorce? The scholars, they say that if
a man over the telephone tells his wife
that you are divorced or anti talip, then
it is considered as divorce.
But since you have said this three times
and it is same sitting and while you
made the phone call, then as per the
second group of scholars that I mentioned,
that inshallah, it will be considered as only
one tala. And now if you want to
remarry
your wife and you said that it has
been 3 years, so in this situation, what
you should do, you can remarry your wife,
but it should be with the new nika
and a new mehre.
And I pray to Allah subhanahu wa ta'ala
that may make it easy for you. And
we pray to Allah subhanahu wa ta'ala that
whenever
there are any
issues or dispute between a husband and wife,
we should see to it that we try
to resolve it.
And talaq, it should be the last resort
because marriage, it is an integral part of
Islam.
So we should try our level best to
solve the issue if a husband and wife
have an issue. Talk with the parents
of the wife, the parents of the husband,
and try to solve the issue.
And the last resort should be talak if
it does not work out and there is
no hope. If we pray to Allah
that may he make it easy for all
of the brother and sisters.
And we pray to Allah
that all those people who are married, may
they have a happy,
married,
Islamic
life
on the teachings of the glorious Quran and
the authentic
teachings of our beloved prophet Muhammad. May peace
and blessings be upon him. So I hope
that answers your question.