Revocable and irrevocable divorce, and divorce before consummation
The difference between a divorce the husband can take back and one he cannot, the two degrees of irrevocable divorce, and how many divorces count for a wife who was never consummated.
Some divorces can be undone - the husband can simply take his wife back while she is still in her waiting period, without a new marriage. Other divorces cannot be undone that way; if the couple want to be married again, they need a completely new marriage.
By its effect, divorce is also of two kinds: revocable (rajʿī) and irrevocable (bāʾin).
A revocable divorce - one or two divorces given without the words "irrevocable divorce" or any similar description - leaves the husband free to reconcile during the waiting period, since the marriage is not immediately ended. No new marriage contract is needed to reinstate it. Once the waiting period is complete without reconciliation, however, the divorce becomes irrevocable and a new marriage is then required.
12An irrevocable divorce ends the marriage immediately, and the husband has no right to reconcile.
| Kind | What it means | May the wife be taken back? |
|---|---|---|
| Revocable (Rajʿī) | One or two divorces given without any wording of "irrevocable." | Yes - the husband may take her back at any point during the waiting period, without a new marriage contract. Once the waiting period ends unreconciled, it becomes irrevocable (Khafīfah). |
| Irrevocable, light (Bāʾin Khafīfah) | A divorce given once or twice (together or on separate occasions) using irrevocable wording, or a revocable divorce whose waiting period has ended. | Not by taking back - but the couple may marry again with a fresh marriage contract, with no other requirement. |
| Irrevocable, severe (Bāʾin Mughallazah) | Three divorces given in total. | No - not even with a fresh contract, unless the wife first marries another man, that marriage is consummated, and he then divorces her (or she is given khulʿ, or he dies) and she completes his waiting period. Only then may the first husband marry her again. This is called Ḥalālah. |
For a wife with whom the marriage has never been consummated (a non-consummated wife), the ceremony has taken place but no consummation or valid seclusion has occurred.
| Kind of obstacle | Examples |
|---|---|
| Physical | A tangible barrier such as illness making intercourse impossible or harmful; either spouse being extremely young; a third person present (unless that person is an uninformed child or is unconscious - even if blind or asleep, an aware third person's presence still counts); fear of someone's arrival; or the place being a mosque. |
| Legal | The fasts of Ramadan, or the state of iḥrām for Hajj. |
| Natural | Menstruation, and similar states. |
The husband being impotent or castrated does not by itself invalidate the seclusion.
If a non-consummated wife is given just one divorce, it is an irrevocable divorce.
By effect, ṭalāq is also of two kinds: rajʿī (revocable) and bāʾin (irrevocable).
Ṭalāq rajʿī - one or two divorces given without the wording "irrevocable" or any equivalent qualifier - does not immediately annul the marriage, so the husband retains the right of rujūʿ throughout the ʿiddah without a fresh ʿaqd. Once the ʿiddah lapses without rujūʿ, the divorce converts to bāʾin and a new nikāḥ becomes necessary.
12Ṭalāq bāʾin annuls the marriage immediately; the husband has no right of rujūʿ over it.
| Kind | What it means | May the wife be taken back? |
|---|---|---|
| Rajʿī (revocable) | One or two ṭalāqs given without wording of bīnūnah (irrevocability). | Yes, by rujūʿ at any point within the ʿiddah, without a new ʿaqd. Unreconciled at the end of the ʿiddah, it converts to bāʾin khafīfah. |
| Bāʾin, khafīfah (light irrevocable) | One or two ṭalāqs given (together or successively) with wording of bīnūnah, or a rajʿī ṭalāq whose ʿiddah has lapsed. | Not by rujūʿ - but by a fresh nikāḥ, with no further condition; it otherwise carries the same ruling as a rajʿī divorce for the number of ṭalāqs remaining. |
| Bāʾin, mughallaẓah (severe irrevocable) | The third ṭalāq, exhausting the full count of three. | Not even by a fresh nikāḥ, unless the wife first contracts a valid marriage with another man, that marriage is consummated, and he then divorces her (or khulʿ occurs, or he dies), and she completes his ʿiddah - only then may the first husband contract a new nikāḥ with her. This is ḥalālah. |
A ghayr madkhūlah bihā (non-consummated wife) is one with whom only the marriage ceremony (ʿaqd) has taken place, with neither consummation (dukhūl) nor khalwah ṣaḥīḥah (valid seclusion) having occurred.
| Kind of obstacle | Examples |
|---|---|
| Ḥissī (physical) | A tangible barrier such as an illness making intercourse impossible or harmful; the extreme youth of either spouse; the presence of a third person (excepting an uninformed child or an unconscious person - an aware third party's presence obstructs even if that person is blind or asleep); fear of someone's arrival; or the place being a masjid. |
| Sharʿī (legal) | The obligatory fasts of Ramaḍān, or the state of iḥrām for Ḥajj. |
| Ṭabīʿī (natural) | Menstruation and the like. |
The husband's impotence or castration does not by itself invalidate the seclusion.
A single ṭalāq given to a ghayr madkhūlah bihā is bāʾin (irrevocable) - since ʿiddah, which is the vehicle of rajʿī status, is not obligatory on her.
This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 524 words. Switch back to Guide for the rewritten version.
Rulings of Divorce
C. Revocable Divorce:
A revocable divorce [The method is that one or two divorces are given, but the second divorce is given during the waiting period, and the words of "irrevocable divorce" or any such specification are not included] is one in which the husband has the right to reconcile within the waiting period [because the marriage is not immediately annulled]. Therefore, without a new marriage contract, the previous marriage can be reinstated. However, after the waiting period is completed, a revocable divorce becomes irrevocable, and a new marriage will be necessary.
D. Irrevocable Divorce:
This is the type of divorce in which the husband has no right to reconcile [because this divorce immediately ends the marriage].
Irrevocable divorce can be of two types:
- Light Irrevocable Divorce (Khafifah)
- Severe Irrevocable Divorce (Ghalizhah or Mughallazah)
- Light Irrevocable Divorce (Khafifah)
This is the divorce that is given once or twice [whether all at once or repeatedly], in which case, the couple can marry again after the waiting period ends, and even after the waiting period has passed, it holds the same ruling as a revocable divorce.
- Severe Irrevocable Divorce (Ghalizhah or Mughallazah)
This is the divorce that is given three times, in which case, the couple cannot marry again unless the wife marries another man, has sexual intercourse with him, and then gets divorced [or if there is Khula or he (the husband) dies]. After the woman has completed the waiting period of the second husband, her first husband may marry her again. This act is referred to as Halalah.
9. Divorce of a Non-Consummated Wife:
- A non-consummated wife is the one with whom only the marriage ceremony has taken place, and no consummation or valid seclusion has occurred.
Explanation:
Valid seclusion refers to the husband and wife being together in a place in such a way that no hindrance to consummation exists. (If any hindrance does exist, it is not valid seclusion but invalid seclusion).
The obstacles to consummation are as follows:
A. Physical obstacles:
A tangible barrier, such as an illness (due to which consummation is either impossible or harmful), or if either of the spouses is extremely young, or if a third person is present [however, if the third person is an uninformed child or an unconscious person, then it will not be considered a barrier], even if that third person is blind or asleep, or if there is a fear of someone's arrival, or if the place is a mosque.
B. Legal obstacles:
Such as the fasts of Ramadan or the state of ihram for Hajj.
C. Natural obstacles:
Such as menstruation, etc.
(Notes):
- The husband being impotent or castrated does not invalidate seclusion.
- If a non-consummated wife is given just one divorce, it results in an irrevocable divorce.
- If a non-consummated wife is given three divorces simultaneously, all three divorces will occur. However, if a separated divorce (juftreeq) is issued, the first divorce itself makes her irrevocably divorced. The second and third divorces do not take effect.[The result of three divorces not occurring is that the same person can remarry her. If three divorces occur, remarriage is not permissible without Halalah].
Terms on this page
Related
- Taking the wife back during her waiting period (ruju') How a husband may take his wife back after a revocable divorce, while her waiting period is still running, without a new marriage contract.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.
- The kinds of divorce: best (ahsan), good (hasan), and innovated (bid'ah) The prescribed (sunnah) methods of giving divorce, best (ahsan) and good (hasan), set against the innovated (bid'ah) methods that go against them.
- The words that effect a divorce: explicit and allusive The difference between words that always mean divorce and words that only sometimes do, and when intention or circumstance decides which divorce, if any, occurs.