Can I take her back with new Nikah or She has to get married to someone before we can marry?

· 13 Dhuʻl-Qiʻdah 1436 AH1 min readFatwa 33911English
Marriage & DivorceMarriage (Nikah)

Question

Can I take my wife back by performing a new Nikah after divorce or Not.

Scenario:--> We had arguments and were not getting along at all. She left to her home country with two kids and we lived separately for almost 20 months. I declare ONE Talaq to my wife in writing and asked her to join me back before Iddath expires. After Iddath period expired I sent her the divorce certificate through lawyer writing three Talaq on it so that we both can move on in our lives.

Now if we want to unite together again for kids sake

Will it be Consider ONE Talaq in our Case or Three Talaq?

Can I take her back with new Nikah or She has to get married to someone before we can marry?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In order for us to answer your query, we need clarification of your statements.

You state “I declare ONE Talaq to my wife in writing and asked her to join me back before Iddath expires.”

What were the exact words used in this and the context? Was it a merely a warning for her to return to you?

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And Allah Ta’āla Knows Best

Safwaan Ibn Ml Ahmed Ibn Ibrahim

Student Darul Iftaa
Limbe, Malawi

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by
Safwaan Ibn Ml Ahmed Ibn Ibrahim
Checked & approved by
Mufti Ebrahim Desai
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