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Fatwa CenterDivorced husband and wife want to get back together
Question
I was married to my husband but due to some miss understandings I was asked to divorce him. I did it because I was afraid of my family members. We want to set the relationship and get back together but are afraid it might be Haram. I did not divorce him because I wanted that was not my intension.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Know that only a husband has the right of divorce while a wife does not have the right to divorce her husband but she may ask for divorce.
If your husband has divorced you using clear and direct words of Talaq then the Talaq is effective since the clear words of Talaq are not restricted by the intention. Thus, if this divorce is the first one and you are still in your waiting period then your husband may take you back without any conditions. Though, it is better to call someone witness to this act.
If the waiting period has ended after the first or second divorce he may take you back but with a new marriage contract that meets all the conditions of a valid marriage such as giving Mahr, getting permission of the guardian and having witnesses. However, if he had delivered the third divorce then he cannot take you back unless you marry a man and he divorces you willingly after having sex with you. After completing your waiting period from the latter husband you may get married to the first husband fulfilling all the conditions of a valid marriage provided the second marriage is not carried out with the intention of making you lawful for your first husband.
Allah knows best.
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