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Do I need to tajdeed my nikha and shahadah.

Q:

Assalamualaikum,

I was married 7 years before. I did something really bad and I want solution for this.

1.) Once, 6 years before, due to depression about my life I was almost going to commit suicide, at that time I said a kufria Kalima that “There is no Allah, I don’t believe in Allah and I am kafir” and I forced my wife to say these words also. After a few hours I asked for forgiveness from Allah, said Istighfar and Recited the first Kalima.

2. I gave 1st divorce to my wife 5 years ago, but we did not separate. I gave a second 4 years before, but we got together again. Last week I gave her a third and last divorce.

Now we want to live together as husband and wife again with true hearts. But it’s not halal.

My question is that because of point 1 of kufria Kalima we need tajdeed e Iman and tajdeed e nikah now because I have read that because of Kufria Kalima our nikah was not valid so all divorces were useless as nikah was already broken.

So we need tajdeed e nikah only or halala is must also?

Please guide us on the right path.

Jazak Allah

A:

Wa Alaykumussalam

Thank you for your query.

Certainly, the Tawbah is accepted if done with sincerity because what was said lacked heartfelt belief and was expressed out of anger, displeasure, or any other emotion. However, it should be noted not to repeat it, as such expressions can have a lasting impact on one’s psyche and life.

فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ ۗ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

So if he divorces her she shall not be lawful to him afterwards until she marries another husband; then if he divorces her there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of Allah, and these are the limits of Allah which He makes clear for a people who know. (Surah Baqarah/230)

Nikah halala also known as tahleel marriage is a practice in which a woman, after being divorced by triple Talaq, marries another man, consummates the marriage, and gets divorced again to be able to remarry her former husband

In classical Islamic law, a husband may divorce by simply announcing to his wife that he repudiates her (talaq). The initial declaration of talaq is a revocable repudiation (Talāq rajʿah) which does not terminate the marriage. The husband can revoke the divorce at any time during the waiting period (‘iddah) which lasts three full menstrual cycles. Resumption of sexual relations automatically retracts the repudiation. The divorce becomes final when the waiting period expires. This is called a “minor” divorce (al-baynuna al-sughra) and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a “major” divorce (al-baynuna al-kubra), after which the couple cannot remarry without an intervening consummated marriage by the wife to another man. This is known as tahlil marriage or nikah halala. Making the third pronouncement irrevocable acts as a deterrent to rash repudiations

https://en.wikipedia.org/wiki/Nikah_halala

In Sunnis, the three Talaq can be said in one sitting whereas, in Shias, the three Talaq have to be in different sittings and according to Shias, saying the three Talaq at one time is not considered three, which is closest to the teachings of Quran and Sunnah because people in anger divorce their wives and sometimes utter the words three times which according to other sects, is acceptable and makes problem later when the person is out of the stage of anger. In Ahlus Sunnah, the three Talaq in one sitting was made popular and continued by the second caliph.

Therefore, if a man divorces his wife three times, the wife becomes Haram on him until a Muhallil(مُحَلِّل) i.e: another man marries this woman and has intercourse and then divorces her. In this situation after getting divorced from the Muhallil(مُحَلِّل) and observing her Iddah period, the woman can marry the first husband or can remain with the other man she marries.

Main differences in Shia & Sunni Nikah

In Sunnis, it is mandatory to have two adult male witnesses at the time of Nikah whereas there is no need for witnesses at the time of divorce(Talaq) but Shias do not have such condition to have two witnesses present at the time of Nikah ceremony but it is mandatory to have the witnesses at the time of divorce(Talaq).
This shows that Islam doesn’t encourage divorce but where divorce is necessary then witnesses are required according to Shias. It also indicates that Nikah is easier in Shias and divorce is harder.

Philosophy of Halalah: www.al-islam.org/philosophy-islamic-laws-naser-makarem-shirazi-jafar-subhani/question-26-philosophy-halalah

We should be mindful of our actions and consider our words carefully, or else we might encounter significant challenges.

According to Ahlus Sunnah, after giving 3 Talaqs a Halalah is required. You can consult a scholar of your sect to verify this.

May Allah(swt) grant you success

Wassalam,

Syed Haider