Are marriages terminated by 1 Talaq or 3 Talaqs?

Question

Assalamu alaykum respected ulama. My husband had issued me with 1 talaq and my iddah is complete, but he now claims that our marriage has not been terminated, because he had not given me all 3 talaaqs? Please advise what is the status of our marriage?

السلام عليكم ورحمة الله وبركاته

 

  1. In an Islamic marriage, the husband possesses three ṭalāqs
  2. When he issues his wife with a ṭalāq, one of the ṭalāqs he possessed would have been utilized.
  3. When the husband issues the first or second ṭalāq, the ṭalāq is classified as revocable (raj’i); when he issues his wife with a third divorce, the ṭalāq is classified as irrevocable (ba’in).

3.1 Revocable means that when he issues his first or second ṭalāq, the wife is immediately separated from the husband and enters her waiting period (‘iddah). Within this waiting period, the husband has an opportunity to reconcile (raj’ah) through a verbal affirmation, such as “I take you back.” If he does not do so and the waiting period expires, there is no opportunity for reconciliation in the aforementioned manner, and the marriage is officially over. She will then be permitted to accept a proposal from any other man, including her ex-husband, should he propose.

3.2 Irrevocable means that the husband has issued a third ṭalāq. In this case, there is no scope for reconciliation (raj’ah) within the waiting period. Post her waiting period, the wife may accept a proposal from any man she wishes but remains ineligible to marry her ex-husband.

  1. With this backdrop, we state the following:

4.1 If your husband had only issued you one ṭalāq and has not made raj’ah in the manner illustrated in point 3.1, and the waiting period has elapsed, then the marriage is completely dissolved.

4.2 The only form of reconciliation now would be through a new nikāh if he proposes and the wife accepts his proposal.

4.3 The claim that a marriage is only terminated if the husband has issued all three ṭalāqs is not entirely correct, as a marriage from one or two ṭalāqs may also be completely terminated once the ‘iddah has expired without a raj’ah, as illustrated above.

 

والله تعالى أعلم

And Allāh knows best

MJC (SA)

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