Halaalah
Question
A couple were married for 25 years and during this period, three Talaaqs were issued. They are divorced for two years but they really want to get back together. Is this possible in any way? I have heard that if another man gets married to her without any conditions etc. then she can become Halaal to marry her ex-husband. Please advise.
Answer
If after being divorced thrice, a female remarries with the condition of being divorced after intimacy (from the second husband), then doing so is considered as Makrooh-e-Tahreemi. The curse of Allah is upon the man that marries her with this condition and the person for whom the Halaalah was done. However, despite the act being Makrooh-e-Tahreemi, she will become Halaal for the first husband.
On the other hand, if a man marries her without any conditions attached (such as divorcing her after intimacy), and then divorces her after intimacy on his own free will, then doing so is permitted. There is no sin on the man in this instance. [Re: Fataawa Uthmaaniyyah Vol:6 Pg.338]
Hence, with the scenario on hand, if a man with the intention of assisting the couple marries the woman without the condition of divorcing her after intimacy (as explained above), then it is in order.
- Answered by
- Maulana Ahmed Saeed
- Checked & approved by
- Mufti Mohammed Desai Saheb
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/halaalah/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-27684
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