i would like to find out if my husband has given me 1 talaaq baain

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Ref no: 0067#

Date: Wednesday, 13th April, 2011

Category

Divorce

Title

i would like to find out if my husband has given me 1 talaaq baain

Question

As salaamu alaikum i would like to find out if my husband has given me 1 talaaq baain, is it permissible for me to communicate with him during my iddat period, solely for the purpose of reconciliation

Answer

Muhtaram / Muhtaramah

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

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

 

If your husband has issued one talaaq-e-baain, the nikah is terminated. Therefore, you may communicate with him for the purpose of reconciliation while observing purdah, for example, you may contact him by phone. In order for reconciliation to occur, the nikah must be renewed and performed once again, whether it is during the period of iddah or after iddah.

 

له أن يتزوج التي أبانها بما دون الثلاث إذا كانت حرة (Tabyeen Al-Haqaaiq, Vol. 3, P. 162, Darul Kutub Ilmiyya)

 

وينكح مبانته بما دون الثلاث في العدة

(Darrul Mukhtar, Vol. 3, P. 409, HM Saeed)

 

إذا كان الطلاق باءناً دون الثلاث ، فله أن يتزوجها فى العدة و بعد انقضاءها (Fatawa Alamgiree, Vol. 1, P. 472-473, Rashidiyya)

 

(Fatawa Mahmudiyya, Vol. 13, P. 368)

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyya

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