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Her Husband Has Divorced her through Three Legal Notices

Question

My husband has divorced me through 3 legal notices. I want to know the status of this talaq. Is it valid or not? We both want to reconcile ? Is our Nikkah possible again?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

You did not explain how the divorce took place, and we do not have enough information about the legal notices or their consequences. Thus we advise you to consult a scholar in person or refer to a Shariah court.

In general, and for your benefit, we say the following:

If the divorce is revocable, meaning it is the first or second divorce, then the husband has the right to take his wife back without her consent and without a new marriage contract, as long as she is still in her ‘Iddah (waiting period). However, if the ‘Iddah ends without him taking her back, the divorce becomes an irrevocable divorce with minor separation. In this case, he cannot take her back unless she agrees, and a new marriage contract with her guardian is required.

But if the divorce is not revocable, meaning it is the third divorce, then it becomes an irrevocable divorce with major separation. In this case, he cannot remarry her unless she genuinely marries another man, then the marriage is consummated, and then he divorces her or passes away.

Lastly, we advise using wisdom when dealing with marital issues, and not rushing into divorce, as this often leads to regret and has many negative consequences, especially when the couple has children.

Allah knows best.

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