Understanding Divorce and Reconciliation in Islamic Law

The Process of Divorce and Reconciliation: Key Considerations in Islamic Marital Law

Question: My husband gave one divorce, then reconciled during the ‘iddah period. Later, due to harassment from my brother, he sent a divorce stamp paper as a threat, but it was unsigned, not verbally stated, nor handwritten. After that, he gave another divorce. Can reconciliation happen, and what is the ruling on the paper divorce?

Answer: When the husband gave the first divorce and reconciled during the ‘iddah period, the marital relationship was restored, but the husband lost one of his three divorce rights.

When the husband sent the second divorce paper to his wife, it counts as a valid divorce, and this will be considered the second divorce. For a divorce to be valid, it is not necessary for the husband to write it by hand, verbally state it, sign the paper, or have it written by the court. If the husband prepared a divorce paper and sent it to his wife stating that he is divorcing her, it will be considered a valid divorce.

After the paper divorce, if the ‘iddah period of three menstrual cycles remains, the husband can reconcile. If the ‘iddah period has ended, reconciliation is not possible, and the marital relationship is terminated. It is also important to note that any subsequent divorce given after the paper divorce will not be counted, whether it was given during the ‘iddah period or after. Once the ‘iddah period ends, the marital relationship is terminated, and the husband no longer has the right to give a divorce.

In summary, the paper divorce will be counted. If the ‘iddah period remains after this divorce, the husband can reconcile. If the ‘iddah period has ended, the marital relationship is terminated. However, if both wish to reunite, they can do so through a new marriage contract and a new mahr (dowry).

Sheikh Maqbool Ahmed Salafi Hafizahullah

 ❪Jeddah Dawah Center, Hayy Al-Salamah – Saudi Arabia❫