Jamiatul Ulama KZN Council of Muslim Theologians
My question is regarding revocable divorce. If a man issues one divorce to his wife, and they reconcile before the end of iddah period, is that divorce annuled? Meaning, is that divorce cancelled and doesn’t count towards the 3 divorces? The definition is ‘revoke’ is to annul or void according to dictionaries. That’s why I am confused that is it really that a revocable divorce means that the divorce has been completely taken back and not counted.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh
According to Shariah, if the husband issues one Talaaq e Raj’ee to his wife, then the marriage can be reconstituted during the Iddah period of the wife without the re-performance of a new Nikah. The issuance of the divorce causes the husband to lose one divorce from his right to issue three divorces to his wife. He does not possess the Shar’ee right to issue three divorces anymore, rather he only has the right to issue two divorces. As such, a revocable divorce can be revoked but will not be defaced.
And Allah Ta’āla Knows Best
Ismail Desai,
Darul Iftaa
Checked and Approved,
Mufti Ebrahim Desai.
