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When does the rujooh period start?



I gave first written notice of divorce to my wife in 6 july and than in August as well. In august I was told that my notices has not been endorsed by the chairman UC inorder to file divorce I again had to give first notice in September and was told that divorce will happen in December legally. I want to know the time period for divorce in which one can do rujooh,In my case  from July or September? because if divorce is considered from July than it is over but if it starts in September than I still have time for rujooh….


Wa Alaykumussalam

Thank you for your query.

according to the Shia faith, talaq doesn’t take place in writing whereas according to Sunnis the Talaq is correct if given in written form if the husband has intention at the time of Talaq.

The period of Iddah starts soon after the first Talaq is given. If you intended at the time of giving the first talaq in July, from that time the Iddah period would start and you can do Ruju during the Iddah.

Main differences between 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 and written Talaq is not accepted in Shias.
In the Shia sect, the formula(Sigha) has to be recited with the two witnesses in order to make the Talaq correct, but if the Sigha is not recited even if a person says Talaq as many times, the Talaq doesn’t take place at all.

And as mentioned in the Ah al-Sunnah the Talaq can take place without the witnesses, and if a husband says Talaq three times that is considered correct. Anger is not an impediment that prevents divorce from taking place except in a case when the person is not conscious of what he is saying.

If you had given 3 Talaq, then you cannot marry her again unless she marries another man and has intercourse and then gets Talaq from her second husband and performs her Iddah and remarries you. But if it was first talaq then one can do ruju either during the Iddah time or after Iddah, Nikah has to be recited again to re-marry.

According to Ahlus Sunnah:

Writing the word divorce is a metaphor for divorce (i.e., not a real one), so divorce does not take effect (by writing it) unless it is accompanied by intention according to the view of the most preponderant opinion of the scholars. But, if someone writes the word divorce while uttering it, then it takes effect.

As regards having witnesses in divorce, this is not a condition for its validity, as divorce is in the hands of the husband and whenever he initiates it, it takes effect. However, having witnesses is something desirable as Allah Says (what means): {And bring to witness two just men from among you…} [Quran: 65:2]

Finally, it should be noted that one should not hasten to pronounce the word divorce, rather he should try other alternatives for reconciliation and realize that divorce is the last resort to put an end to the disputes between the two spouses. Divorce always has unpleasant consequences as it leads to the breaking up of the family, losing children and so forth.

Allaah Knows best.

Question: A man disagreed with his wife, so he took her and went to her father’s home. She stayed at her father’s house for six months, during which they never met. Then, people tried to reconcile between them, but her husband did not want to return to her. He met her once at her father’s house while she was wearing the Hijab (veil), and then he returned to his home. A week later, he sent her the divorce paper. Is the `Iddah (woman’s prescribed waiting period after divorce or widowhood) counted starting from the time she received her divorce paper or the time she went to her father’s house? Please advise.

Answer: If the situation is as you have mentioned, the `Iddah of the mentioned woman starts from the day her husband divorced her, neither from the day of their separation nor from the day she received the divorce paper if she received it (Part No. 20; Page No. 425) later than the day in which the divorce took place. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and his Companions.

Divorce by word or in writing

The most preponderant opinion of scholars is that divorce does not take place by the fact that a person who is able to speak writes the Talaq (divorce) unless he actually intended to divorce his wife when writing the divorce wording.

But if someone utters (as opposed to writes) the clear words of Talaq (divorce), such as ‘I divorced you’, ‘you are divorced’ then the divorce takes place whether the speaker intended divorce or not since the divorce becomes effective by only delivering the clear words of Talaq, it does not depend on the intention.

…With regards to your question, as you have stated that you wrote and signed on a piece of paper three talaqs which were then sent to your wife through a third party, three divorces will occur and your marriage has been terminated.

Hence there is no option of ruju or having a relationship as the marriage is no longer valid.

When the husband has issued his wife three explicit divorces, their marriage will terminate immediately and it will not be permissible for the couple to reconcile the marriage or remarry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband) the wife is allowed to re-marry the first husband. This process is termed halalah.

Allaho A’lam

May Allah(swt) grant you success


Syed Haider