Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterHe lives with his wife after divorcing her thrice in one go
Question
AOA,, Dear brother i have gone through all of the fatwas but could not get my answers. 1.... What if a couple been having sexual contact before nikah and on nikah day they offered NAWAFIL and repent for all the sins they had done not specifically sexual contact.Nikah took place in front of both of families. 2.... After the Nikah there was misunderstanding due wife slapped husband and he gone mad saaid divorce there times in one go to her when there was no one around but after 7 hours reconciliation beenn done and they are together.. now the couple has started reading Quran and getting knowledge and they realized for the sin they been doing was very wrong and they keep on repenting from ALLAH. could you please tell me what is their relationship status and if they required another NIKAH can they do it by their own coz they both are mature .Because they cannot disclose the reason to parents . i will be very mcu thankful to you, Allah bless all the muslims
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we congratulate both of you for repenting from that great major sin and we ask Allaah to guard both of you in the future.
The jurists 
differed in opinion in regard to the husband divorcing his wife three times in one session either in separate words such as saying “You are divorced, you are divorced, you are divorced” or in one go like saying to her ‘you are divorced three times’ or ‘you are thrice divorced’ whether the divorce takes place three times or one time. We have stated their opinions in this regard in Fatwa 94110.
However, the Fatwa we adopt her in Islamweb is the view of the majority of the scholars that divorce takes place three times if the husband did not intend to confirm the first divorce by uttering the second and third divorces in case he said so in separate words.
Based on the above statement of the majority of the scholars, it is forbidden for the husband to take back his wife after the third divorce until she marries another man a serious marriage and he consummates the marriage with her and then he divorces her or dies. For more benefit on the kinds of divorce, please refer to Fatwa 82541
Besides, anger does not prevent divorce from taking place unless the husband is unconscious of what he says; for more benefit, please refer to Fatwa 121374.
Since there is a difference of opinion on this issue as you see, we advise you to take your case to an Islamic court as the decision of the judge puts an end to any differences in matters of Ijtihaad (issues on which there is no text in Quran, or the Sunnah, or the consensus of scholars).
Finally, the following matters should be mentioned:
1- It is not a condition for divorce to take place to have witnesses on it. Having witnesses on divorce is only desirable and not an obligation according to the view of the majority of the jurists as we clarified in Fatwa 133297.
2- A wife hitting her husband is disobedience to Allaah on her part, and the wife should repent from it. For more benefit on a disobedient wife, please refer to Fatwa 85402.
3- If a wife is revocably divorced from her husband and her waiting period expired, the husband cannot take her back except with a new marriage contract and with the consent of her guardian; for more benefit on the conditions of a valid marriage, please refer to Fatwa 83629. But if the wife is still in her waiting period from a revocable divorce, then her husband can take her back without a new contract.
4- It is an obligation on a Muslim male or female – if he/she does not know the ruling on something - to take the initiative to ask the scholars before acting, especially in matters relating to marriage so that one does not commit what is forbidden while not knowing. Allaah Says (what means): {So ask the people of the message [i.e. former scriptures] if you do not know.} [Quran 16:43]
Allaah Knows best.
Search Fatwa
Fatwa Subject
