Ulamaa ID 04
Answer last updated on:
18th September 2009
Ulamaa ID 04
Al-jawab billahi at-taufeeq (the answer with Allah's guidance)
1) Yes, She is divorced.
If the Divorce was issued clearly (Sarih) just once or twice, it will be permissible for the husband and wife to re-unite, within the Iddat period. Otherwise a new Nikah will have to take place.
2) Both situations the Talaq will take effect.
Know, that Talaq is of three types: Hasan (proper), Ahsan (more appropriate) and Bidi' (innovative, not conforming to the Sunnah).
The Ahsan form of divorce is that a man divorce a woman with a single Talaq during her period of purity from menstruation during which he has not had intercourse with her. He then leaves her alone (does not cohabit with her) until she completes her waiting period (Iddah).
The Hasan form, which is also called Talaq Al-Sunnah, is that a woman whose marriage has been consummated be divorced with three Talaq in three periods of purity (one in each).
The Bidi' form is that he divorce her with three Talaq in a single statement or three Talaq in a single period of purity. If he does this, the divorce takes effect, but he has sinned.
(Al Hidayah, Chapter: Talaq Al-Sunnah (divorce conforming to the Sunnah)
And Only Allah Ta'ala Knows Best.