Remarrying One’s Former Husband

Hanafi Fiqh

Answered by Shaykh Faraz A. Khan

Question: This brother back home had a Nikah with a sister about two years or so however, the sister did not move in with him. Though, due to some circumstances the sister asked for divorce (Khul’a) and the brother agreed. Both the brother and the sister did not re-marry.

Recently, the sister proposed to the same brother for marriage and he agreed. My question is, are they allowed to proceed this marriage? I have heard that one can re-marry his ex-wife if the wife has married to another man ( married again and divorced ) done unintentionally, in other words referred to ‘hah’lala ( apologize if I said it incorrectly).

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health and states.

This is perfectly valid — they may remarry. What you are referring to applies only if a man divorces his wife three times: in that case, the woman would need to marry another man before remarrying her former husband.

[Maydani, Lubab; Mawsili, Ikhtiyar]

And Allah knows best.

Checked & Approved by Faraz Rabbani