Remarrying Your Divorced Wife in Muslim Marriage Law

Last updated on Jun 1, 2022

If your husband wants to remarry you after a divorce then also you have to observe a period of iddat, which is different from the iddat time period if your husband dies. In a situation where your husband wants to marry you again after divorcing you, then he has to wait till the following happens:

  • You have to follow the iddat period.
  • After the iddat period is over, you have to marry another man.
  • You and the other man have to live together and consummate the marriage. As per the law, your marriage is considered to be consummated when you have sexual intercourse with your husband.
  • The other man has to divorce you.
  • You have to follow the iddat period after a divorce.
  • After the iddat period is over, you can remarry your husband again.

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Comments

Abubakar Buba

August 3, 2022

Does the woman has the right to refuse a husband who wants to remarry her after divorce before the end of the Indah.

Syed

July 26, 2023

This has been portrayed in a wrong way. It is the other way, ie you can only remarry him if you have married another man and the marriage didn’t work out and ended up in a divorce again. (You can’t arrange for it, that will be morally wrong)

Nadia

August 7, 2023

This is so wrong! Please do not provide this kind of information that can harm so many brothers and sisters.
This ONLY applies when that wife and husband are divorcing for the THIRD time or in case a triple talaq is given, which is not the most recommended since one talaq is more than enough.
If the wife and husband want to reconcile during the idda period they can get back together as long as the period itself is not over.
Please put out information correctly

Eryy

September 26, 2023

No,it’s not a complete information. A divorced woman when married to another man would do so with full good intentions of following a normal married life,both would have physical relationships and carry all responsibilities together till either second husband passes away unfortunately or he divorces her due to some reason, with his own free will.then only the woman can remarry her first husband lawfully.
But if first divorce happens,and then the man who divorces regrets and wants his wife back,and simply asks someone to merry her and divorce her inorder to marry her again for her to be his lawful wife…it’s a sin,a crime,it’s zina….it’s like you are trying to fool Allah and playing with his sharea.

Ziauddin

October 6, 2023

Asalaam alaikum.

It was my understanding that a couple must do ‘talak’ THREE times, before the above mentioned conditions need to be met to remarry. Is that not the case?

Salaam alaikum.
Ziauddin

Nasir saeed kazi

July 11, 2024

nasirkazi7786@gmail.com
Me and my wife have fight I have told my wife 3 talaq in once but I don’t want to tell it’s was very angry movement after that I’m very guilty for that 3 statement but we want get each other back but here all Sunni muftis are telling about halala I’m confuse what to do no one as giving me the right answer what should we do

Alka Manral

September 2, 2024

The Supreme Court struck down the Triple Talak in 2017 . The Muslim Women Protection of Rights on Marriage Bill, makes instant triple talaq illegal and imposes a jail term of up to three years.

Fatima

October 8, 2023

After 1 divorce and iddat period is over , what is the time window for doing 2nd nikah with same husband or wife ?

Alka Manral

September 2, 2024

There is no time period as such. But the Muslim woman, after iddat is over, needs to marry and divorce another man (called ‘nikah halala’), before she can remarry her former husband.

Grace

December 31, 2023

Hi please may I have advice I was married to a muslim man but I was suffering serious neurological and mental illness he married me in mosque but on 3 different times and divorced me 3 times by mouth now he has left country and I have no contact and because of abuse trauma I wouldn’t want to contact him is there a document to prove my divorce if so how appreciate

Alka Manral

May 30, 2024

In the present case, your husband has pronounced talaq thrice. This is a form of triple talaq which is void and not legal anymore according to The Muslim Women (Protection of Rights on Marriage) Act, 2019. The application of the act is retrospective. This means even if your husband has pronounced talaq thrice before 2019, it does not amount to a valid divorce. On this basis, therefore, it is not possible to get any divorce document to prove divorce. Also, your husband can get into the jail for pronouncing triple talaq for maximum three years as per the act.
The foreseeable remedy for you is to get this marriage declared void. This is possible because Muslim law in India does not allow a valid marriage with a person who is not of sound mind at the time of entering into the marriage. In the present case, you can argue for relief on the grounds that you were not of a sound mind and did not have the capacity to give consent to enter into the marriage with your husband. In no way, we are saying that you were of an unsound mind before, it’s just it is necessary to prove that you did not have the capacity to give consent during the marriage because of underlying mental health issues.

Sikha

December 7, 2024

In the present case, your husband has pronounced talaq thrice. This is a form of triple talaq which is void and not legal anymore according to The Muslim Women (Protection of Rights on Marriage) Act, 2019. The application of the act is retrospective. This means even if your husband has pronounced talaq thrice before 2019, it does not amount to a valid divorce. On this basis, therefore, it is not possible to get any divorce document to prove divorce. Also, your husband can get into the jail for pronouncing triple talaq for maximum three years as per the act.
The foreseeable remedy for you is to get this marriage declared void. This is possible because Muslim law in India does not allow a valid marriage with a person who is not of sound mind at the time of entering into the marriage. In the present case, you can argue for relief on the grounds that you were not of a sound mind and did not have the capacity to give consent to enter into the marriage with your husband. In no way, we are saying that you were of an unsound mind before, it’s just it is necessary to prove that you did not have the capacity to give consent during the marriage because of underlying mental health issues.

Igsaan

March 10, 2024

If I want 2 remarry my ex husband in islaam after 12years while I never got married is it a must in Islamic law for me to get married to another man..and must I have sex wth him before we divorce so tht I cn remarry my ex husband I married 12 years ago

Alka Manral

May 21, 2024

The Shariat Law is silent on the matter/requirement of Halala in Muslim remarriages. But many Muslim scholars do not encourage Halala and rather encourage on having reconciliation and mutual understanding between you and your ex-husband. Since this is your first divorce, you have all the rights to marry your ex-husband, if he wishes to do it too. It would also be wise if you consulted a counselling session with him and understood his side of the idea of remarriage. To navigate the legal issues regarding the marriage, do consult a lawyer who has knowledge on Shariat personal laws.

Sikha

December 7, 2024

The Shariat Law is silent on the matter/requirement of Halala in Muslim remarriages. But many Muslim scholars do not encourage Halala and rather encourage on having reconciliation and mutual understanding between you and your ex-husband. Since this is your first divorce, you have all the rights to marry your ex-husband, if he wishes to do it too. It would also be wise if you consulted a counselling session with him and understood his side of the idea of remarriage. To navigate the legal issues regarding the marriage, do consult a lawyer who has knowledge on Shariat personal laws.

Zaid

March 10, 2024

If only one divorce is given and iddat is completed can oe get married again with the same person without she getting married to another person

Alka Manral

August 20, 2024

No. If you have to marry again with the same person, you need to follow this procedure: You have to follow the iddat period. After the iddat period is over, you have to marry another man. You and the other man have to live together and consummate the marriage. As per the law, your marriage is considered to be consummated when you have sexual intercourse with your husband. The other man has to divorce you. You have to follow the iddat period after a divorce. After the iddat period is over, you can remarry your husband again.

Abdul bagudu

March 14, 2024

I divorced my wife irrevocably and she is willing to remarry and come back to me.Should I accept her back after that without me playing any role in her divorce?

Alka Manral

May 30, 2024

Legally speaking, you could very well remarry your wife if you wish to do so. There might be 90 day waiting period for you to appeal the divorce (if you wish to contest it). But even if the divorce was finalised, you can choose to remarry her, irrespective of what transpired in the divorce. But consider the fact that remarriage is a big decision. Ensure you both have reconciled and addressed the issues that led to divorce. Consider counseling to strengthen your communication and chances of success.Apart for that, while legal, societal stigmas around remarriage might exist. Be prepared to navigate those if they arise. At the end of the day, since there are no legal bars on remarriage, if both you and your wife wish to remarry, you can go for it

Sikha

December 7, 2024

Legally speaking, you could very well remarry your wife if you wish to do so. There might be 90 day waiting period for you to appeal the divorce (if you wish to contest it). But even if the divorce was finalised, you can choose to remarry her, irrespective of what transpired in the divorce. But consider the fact that remarriage is a big decision. Ensure you both have reconciled and addressed the issues that led to divorce. Consider counseling to strengthen your communication and chances of success.Apart for that, while legal, societal stigmas around remarriage might exist. Be prepared to navigate those if they arise. At the end of the day, since there are no legal bars on remarriage, if both you and your wife wish to remarry, you can go for it

Sara

May 3, 2024

What the hell is this seriously halala is not acceptable in Islam you cannot marry anyone just for the sake of divorce if your husband divorced you three times ( saying it separately three times not together) then you are not permissible to marry him again up untill you marry someone else and if in case that marriage don’t work out or 2nd husband dies then you can go back to 1st husband
Marrying someone just to get divorce later is not legal in Islam
Halala is not a process

Kira Ramadhan

July 26, 2024

Point Two and Three is clearly Wrong, In our country this is very wrong, Tahleel marriage practice is banned by our ministry of religious affair and great Islamic scholars. Because marriage is not a toys nor plays,
Of course we abide by iddat period.

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