Question
After having given his wife 3 Talaaqs, the man later re-married her. Before the marriage it was openly agreed between the husband and family members that if he assaults her, then it will constitute Talaaq. After the marriage, he assaulted her. This happened a couple of times. What is the status of their marriage?
Answer
The second marriage will be valid only if the woman had married another man who consummated the marriage with conjugal relations. If this had occurred, and her new husband had divorced her, only then will her marriage to her former husband be valid.
The 'open agreement' does not constitute Talaaq. Only if the husband had specifically said that if he assaults his wife, then it will constitute Talaaq – only then will it be Talaaq.
If the husband had in fact suspended Talaaq on the condition mentioned above, then the very first time he had assaulted her, the Talaaq came into force. This is one Talaaq Raj'i (Revocable Talaaq). Since they reconciled before expiry of the Iddat, the Nikah remains valid.
After the first conditional Talaaq came into force, the condition no longer has validity for the future. Hence, when they again fought, Talaaq did not come into effect. The Nikah is still valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 03
- PDF page
- 3
Appears under ILYAS GHUMMAN (approximate).