Divorce before spending time alone with one's wife

· 4 Dhuʻl-Hijjah 1447 AH1 min readEnglish
TalaaqThree Talaaqs

Question

I have an important issue which requires guidance.

Incident description

My marriage took place on 18-12-2023. After the marriage, until now:
✦ There was no separation
✦ There was no alone time
✦ There was no intercourse at all

After this, on January 1, 2026, I divorced my wife. The words of divorce were as follows:
"You are divorced" — (first time)
"You are divorced" — (second time)
"You are divorced" — (third time)

These three sentences were separate—they were not said together in one sentence.

Question 1: Did only one of these three divorces, given in separate sentences before Rukhsati and Khalwat, actually take place, or all three?

Question 2: Can we both get a new marriage without Halala?

Question 3: What are the conditions for a new marriage?

Answer

1. Only the first talaaq had taken place. Since there was no khalwat after the nikaah, the talaaq that took place was a talaaq-e-baain (an irrevocable talaaq) and through this talaaq, the nikaah had terminated.

2. If mahr was stipulated in the nikaah, then half of the stipulated amount will have to be given to the wife.

3. Iddat is not compulsory in this case. If you both wish to remarry, then it is permissible but a new nikaah will have to be performed with a separate mahr.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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