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Talaaq and Rujuu

Q:

I was married few years back and I have a baby girl. At that time there were some consequences that I divorced my wife. I sent first legal notice. After first notice i aroused for sexual desire, I messaged my wife that if she could talk to me on the phone. She replied me with a negative gesture. After that a casual chat was there on messages.

Then one month after second notice was sent and then third. My question is can we consider the above condition as ruju? and if yes does this cancel the first divorce?

Me and my Ex Wife has realized that we have done a bad thing and we should not go for divorce at that time. We are ashamed of our act of divorce and want to remarry/rejoin again and want to live with our baby girl which is at the age of 3 as of now.

Please guide us in this regard. JazakAllah

A:

Dear Brother,
Salaam Alaykum.

Kindly note that according to the verdicts of Ayatull…Sayyid Ali as Seestani, divorce is valid after stating the specific phrase in front of two male witnesses who are just and also certain conditions need to be adhered to in order for the divorce to be valid. Divorce through legal notices or through the civil court is not valid.
Therefore, your marriage is still in place right from the beginning, so there is no need for rujuu.

Fiddha