Halaalah being necessary after three talaaqs

Q: My husband had given me talaaq six years ago. We made nikah again this year, however he again gave me talaaq three times. Thereafter in ramadaan he gave me talaaq three times in front of our family members. We lived together. Now in September, we did mutual divorce. Tell me is there any way that we can revoke the nikaah?

A: The first time he issued three talaaqs, your nikaah terminated and you both were no longer halaal for each other. Thereafter, it was not permissible for you both to continue living together. All the time you both lived together, you both were living perpetually in sin.

Even though you both performed nikaah this year, the nikaah was not valid as halaalah had not taken place (i.e. you were required to marry someone else, and if that person had divorced you or passed away after consummating the nikaah, then only after serving the iddat period of the second husband, it would have been permissible for you to remarry the first husband).

Therefore, if you both wish to reunite in nikaah, it will not be permissible until halaalah takes place. You both should sincerely make taubah and repent for living together all these years in sin.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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