Divorced his wife thrice in writing and wants to remarry her
Fatwa No: 132396

Question

Dear Sir,Please clarify the following as per our and Islamic point of view,. i got married in 1991. we remained together for 13 years but after wards my wife left me because of mutual disputes and went to her parents house living there separately for next 7 years. we have a 14 years old daughter who was also left with me when she(wife) left me. i tried my level best not to break the family structure and spoil the life of especially daughter but failed. i sent her divorce in writing as a last resort( at time three divorces) through union council an years back. She did not responded in time and finally a divorce letter was issues to us officially after completion of 90 days period.Now after the issuance of divorce certificates my ex wife has re contacted me through my school going daughter and claims that she cannot live without me and wants to re settle with me after remarriage. please let me know the possibility of remarriage without halala(without marriage of the ex wife to another person)I never wanted to divorce her but finally divorced her to get married to some one to manage my own life.But i am yet not married to any one else and still want her back for the sake of my daughter. Please advise me as early as possible.

Answer

 

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If the husband writes the divorce of his wife and intends divorce while doing so, then his divorce takes place as clarified in Fataawa 89894 and 87034.

It appears that you wanted to divorce her while writing the words of divorce as you said: “I sent her divorce in writing as a last resort…”

Moreover, three times divorce with one wording in one session takes place as three divorces according to the view of the majority of the scholars among whom are the four Imaams, and this is as well the view we adopt in Islamweb. For more benefit, please refer to Fataawa 83467 and 82330.

Therefore, your wife becomes irrevocably divorced from you and she is unlawful for you until she marries another man a true marriage, and he consummates the marriage with her, and then he dies or divorces her.

Indeed, you hastened (to divorce her) while you had the time to resolve the matter gradually. If a wife becomes disobedient and rebellious towards her husband, there are some steps in Islam that the husband should take to treat her, and divorce is the last solution. Even if you thought that divorce was the solution, you should have divorced her only once. For more benefit, please refer to Fatwa 85402.

As regards your daughter, we advise you to be wise in dealing with her, and both of you should endeavor not to make this divorce have a negative effect on her. 

Allaah Knows best.

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