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Can I remarry my wife again…


Sir.  I’m a Shia Muslim. I’ve been married for last 5 years , I dont have kids yet and now I’m living in abroad for last 2 years. I went back home last year. For last couple of months my wife and I had some issues but that was not very big. But somebody made a big confusion between us and I never asked her about those confusion and stopped talking to her and that’s why I couldn’t apply her documents to live with me in abroad and I gave her divorced through e mail and sent the divorce papers in anger. Now I realized the confusion was by from somebody and I’m feeling very guilty . Is it possible to realize and ask sorry about this incident in Islam and Live together  as husband wife again. I’m very upset. My parents and all members of both sides are upset Please answer me asap.


Salamun Alaykum

Thank you for your query.

We must clarify things with each other before taking a big decision such as divorce.

According to Shias the divorce is not correct:

  1. Without pronouncing the Arabic formula;
  2. Without two witnesses. The two witnesses must be there at the time of divorce.
  3. If the wife is in menstruation

The court divorce has no value according to the Shia laws and doesn’t validate the divorce. Therefore, it means in your case the divorce has not taken place at all if you hadn’t recited the Sigha(formula) and if there were no 2 just(Adil) witnesses which means your wife is still your wife and again Nikah is not required to be recited. The maintenance(Nafaqah) is wajib on you.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2516. A man who divorces his wife must be of the age of legal responsibility (bāligh) and sane (ʿāqil). If a ten-year-old child divorces his wife, then observing precaution (ihtiyāt) in this case must not be abandoned. A man must also divorce his wife of his own volition (ikhtiyār), and if he is compelled to divorce his wife, the divorce is invalid (bātil). Furthermore, he must have an intention (qasd) to divorce his wife; therefore, if, for example, a person says the divorce formula (Sīghah) jokingly or while intoxicated, it is not valid.

Ruling 2517. At the time of divorce, the wife must be clear of menstruation (ḥayḍ) and lochia (nifās), and her husband must not have had sexual intercourse with her in the period that she was clear [of ḥayḍ and nifās]. The details of these two conditions will be mentioned in subsequent rulings (masāʾil).

Ruling 2526. The divorce formula must be said in correct Arabic and it must employ the word ‘Tāliq’ (divorced). Furthermore, two just (ʿādil) men must hear it. If the husband wishes to say the divorce formula himself and the name of his wife is Fātimah, for example, he must say:

زَوْجَتِي فَاطِمَةُ طَاِلقٌ

zawjatī fātimah Tāliq

My wife Fātimah is divorced.

If he appoints an agent (wakīl) [to say the divorce formula on his behalf], the agent must say:

زَوْجَةُ مُوَکِّلِي فَاطِمَةُ طَاِلقٌ

zawjatu muwakkilī fātimah Tāliq

Fāṭimah, the wife of my client, is divorced.

In the event that the wife is specified, it is not necessary to mention her name. And if she is present, it is sufficient for him to say the following while indicating her:

هٰذِهِ طَاِلقٌ

hādhihi Tāliq

This woman is divorced.

Or, he must say the following while addressing her:

أَنْتِ طَاِلقٌ

anti Tāliq

You are divorced.

In the event that a man can neither say the divorce formula in Arabic nor appoint an agent, he can divorce his wife using any words that are synonymous with the Arabic formula in any language.

Question: Is it necessary that there be two witnesses when the formula of divorce is being recited?

Answer: The presence of two just Mo’men (believer) male witnesses is required; without their presence the divorce would not be in order.

Question: If a Judge (Qazi) did all things for a divorce but didn’t give any certificate or any proof, can she get married again or she may have to wait for any certification or a period ?

Answer: Issuing a certificate is not a prerequisite or condition for the validity of divorce. {Meaning, a certificate issued cannot be enough proof for the validity of divorce}. There should be two just male witnesses and it should be carried out by the husband himself or his representative (wakil).

May Allah(swt) grant you success


Syed Haider