How many divorces will occur? Can the couple remarry?

Question:

As salaamu ’alaykum,

Respected scholar, please read the following scenario and provide guidance according to the hanafi mazhab.

A Nikah happens on a Friday and the husband leaves the country the next day. Between the nikah and embarking on the journey, the married couple are NEVER in seclusion - i.e. there is always at least one other adult, mature person present so there is zero chance of privacy. Hence, no sexual intercourse is performed. However, they do hold and hug each other to pose for photographers and then at the airport the husband kisses the wife on the cheek and the forehead. All this occurs also when there are people around - never in isolation. After a few weeks, the husband utters "Talaq, Talaq, Talaq" as 3 separate sentences and directed them at his wife.

Q) According to hanafi fiqh, may the couple remarry after divorce?

Q) Does an iddah period need to be observed?

 

Answer:

بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Wa ‘alaykum as salaam wa rahmatullahi wa barakaatuh,

In the abovementioned scenario, the first divorce given to the wife will count and the last two will not. Therefore, she will be considered to have been divorced once. She will not be required to observe iddah, and the couple may remarry.

والله اعلم

And Allah subhanahu wa ta'ala knows best.

AbdurRahman Islam

Approved by Mufti Husain Ahmad Madani