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Forums Forums General Discussions Fisq-e-nikkah Equates Talaaq?

  • Fisq-e-nikkah Equates Talaaq?

    Posted by Mohammad Ali Soomro on May 26, 2024 at 6:01 am

    my question is that if a man doesn’t give talaaq to his wife upon wife’s insistence or court’s order. and the court nulls the nikah. the husband has already given her talaaq 2 times before. now the court anulls it, so after sometime for example after a year. the man and woman decide to be together. can they marry again? or is it similar to woman being Haram after 3 talaaq? in this example 2 talaaq happened and 1 times court anulled it (fiisq e nikah)without the husband giving talaaq.

    Dr. Irfan Shahzad replied 4 months, 1 week ago 2 Members · 3 Replies
  • 3 Replies
  • Fisq-e-nikkah Equates Talaaq?

  • Dr. Irfan Shahzad

    Scholar May 26, 2024 at 11:52 am

    They can marry again with a new nikah. The third time was not a talaq. The number of talaq in the previous marriage will not be counted in the new marriage.

    • Mohammad Ali Soomro

      Member May 26, 2024 at 1:27 pm

      @Irfan76 so sir this fisq e nikah will not establish the empediment of woman having to marry someone else, right?

      and also this second nikah will only renew 3 talaaq rights, just because it was anulled by court, am i right sir?

      if for example the man have second talaq and didn’t do ruju, and separation occured. now they do nikah again. but in this new nikah he won’t have the 3 talaaq rights this time, he would be continuing his previous right, that is, now he is only given one more talaq right. after that the woman will be Haram. right sir?

      the renewed 3 talaaq right eith a new nikah will only be because of anullment by court but not in case if this new nikah is after separation as a talaq, right?

  • Dr. Irfan Shahzad

    Scholar May 26, 2024 at 6:54 pm

    In both the cases when new nikah is made the right to three talaq is reinstated.

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