Tuesday | 20 October 2020 | 3 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 629 Category: Dealings
Divorce

Alsalamu Alekum,

I have divorced my wife and it was the third time. When i divorced her i'm was too angry because we were fighting and I regret it later. Is it allowed to retrieve my divorce because i'm was angry but i did not want to do it?
 
Thank you very much

الجواب وبالله التوفيق      

In the situation inquired about, due to the taking effect of the third divorce given in the state of anger, your Nikah has absolutely finished, and now there is no room to take the divorce back either, because the right to do Rujoo’  is only till the two Raje’e divorces, and that too within the duration of ‘Iddat.

There could only be one way to do the Nikah again with the divorced, that after the ‘Iddat, the divorced makes Nikah with some other person, then for some reason if she gets divorced from that person too or he passes away, then after the completion of the ‘Iddat, the first husband can make Nikah with her.

It should be clear that the anger does not void the effectiveness of divorce because no one gives the divorce happily. Furthermore, the intention of divorce too is only reliable in the effectiveness of divorce, if the divorce is given by dual-meaning words. If the divorce is given in clear words then the divorce takes effect anyway, whether the intention is there or not, in both situations the divorce still takes effect.

 

فإن طلقہافلاتحل لہ من بعد حتٰی تنکح زوجًا غیرہ

البقرہ ۔ الآیۃ ۲۳۰۰

وبقع طلاق من غضب

فتاوٰی شامی: مطلب فی طلاق المدہوش

واللہ اعلم  بالصواب