Divorce after the bride’s departure from her parent’s home


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Monday, July 19th, 2010

After the bride’s departure from her parents’ home, the bride and bridegroom met in privacy and also engaged in sexual intercourse. Thereafter, if the husband issues one or two divorces in clear terms, talâqur raj’î will take place. If he utters the divorce in vague terms, talâqul bâ’in will take place. In talâqur raj’î he will have the choice of going back to his wife, while in talâqul bâ’in he will not have the choice. However, if he did not issue three divorces, they can re-marry within her ‘iddah (if both of them wish to remarry) and after the expiry of the ‘iddah as well. But if she wishes to marry another person, she can do so only after the expiry of her ‘iddah. But it should be borne in mind that the ‘iddah is necessary in all forms of divorce. As long as the ‘iddah has not expired, a second or third divorce can also be issued.

The bride and bride groom met in privacy and there was nothing to stop them from engaging in sexual intercourse (i.e. nothing from the Sharî‘ah point of view, or from a physical aspect). Despite this, they did not engage in sexual intercourse. In such a case, if the husband divorces his wife, talâqul bâ’in will take place irrespective of whether the divorce is uttered in clear terms or in vague terms. The ‘iddah will also be wâjib on the woman, he will not have the right of taking her back, and she cannot marry another person without completing her ‘iddah. However, she can marry the husband who divorced her within the ‘iddah or even after the expiry of the ‘iddah. The only condition is that three divorces must not be issued.

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