Is There a Type of Divorce Where There is No Option of Remarrying?

Answered by Mawlana Ilyas Patel

Question

I’m from Pakistan, so a few months ago, there was a divorce between my parents. Upon asking my father why, he didn’t tell me, saying that it was a secret between them, but he said that he hadn’t given the divorce verbally, and now there is no option of remarrying, not even Halala. Can I know which type of divorce this is or how it happens?

Answer

I pray you are in good faith and health. Thank you for your question.

This is an irrevocable divorce (divorce mughallaza). Maybe your father did not utter the words of three divorces in one statement, as you mentioned, and did it in writing. Halala is always an option. However, it can be extremely difficult.

Halala

Halala is when a woman is completely separated after an irrevocable divorce (as you mentioned). She completes a waiting period (idda), remarries someone else, and consummates the marriage. It happens that he divorces her, and she spends a three-month waiting period. She may remarry her first husband again.

Fiqh of Divorce

There are three types of divorces in the Hanafi school:

• Most Preferred (Ahsan)
• Preferred (Sunna) and
• Unlawful Innovation and Sinful ( Bid‘a)

The Most Preferred (Ahsan) divorce is to make one pronouncement of divorce to the wife in a purity period (tuhr) between menstruations, in which no sexual intercourse with the wife has taken place. She is left until her waiting period (‘idda) ends.

The Preferred (Sunna) divorce is to pronounce three divorces in three separate periods of purity (tuhr) in which no sexual intercourse with the wife has taken place.

The Unlawful Innovation and Sinful (Bid‘a) divorce consists of either making a pronouncement of divorce during the woman’s menstrual period (haid) or pronouncing two or three divorces at once or issuing a divorce in a purity period (tuhr) in which sexual intercourse with the wife took place. [Ibn ʿAbidin, Radd al-Muhtar]

Because of the sensitivity of this situation, I would advise you to consult local scholars – people who are reliable, pious, and wise and understand family and community dynamics.

I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.

Related

• Is Divorce (Talaq) through Writing or Typing Valid? – SeekersGuidance
• Does a Divorce Need to Be Uttered in Front of Witnesses to Be Valid? – SeekersGuidance
• What is the Ruling of Three Divorces in the State of Anger Multiple Times? – SeekersGuidance
• What are the Wisdoms behind the Rulings on Divorce in Islam? – SeekersGuidance
• divorce in anger Archives – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekers.flywheelstaging.com)?

I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.

He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.

He currently resides in UK with his wife. His personal interest is love of books and gardening.