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Monday, April 12, 2010

Divorce and Reconciling

Q: I would like to know if my wife gets a divorce: what happens to the reconcile phrase does it fall away or can I go back within the 3 months iddah period?

A:
The reconcile phase, which is the Iddat of three menstruation cycles, does not fall away. You may take her back within that period by verbally stating that you have taken your wife back or by an act of intimacy with her. If the Iddat has expired then you must make Nikah to her again if the two of you wish to make up. This applies if one or two clear and direct Talaaqs were issued.
However, if you had given her a Talaaq Baa’in, then you can only reconcile by making a new Nikah in the Iddat or afterwards. If three Talaaqs were given then there is no option of reconciling at all.

Mufti Siraj Desai