Taking back and remarrying a former wife

1Talak raj'i dan talak ba'in

Allah says: "Divorce (that can be revoked) is twice. After that, (the husband) should either keep her on good terms or release her with kindness" (Surah al-Baqarah 2:229). How one returns to a former wife depends on the type of talaq:

2Returning after a first or second talaq

Within the ʿiddah — rujuk (taking back). Allah says: "And their husbands have more right to take them back in that period if they desire reconciliation" (Surah al-Baqarah 2:228). Rujuk does not require the consent of the wife or the wali according to all four schools, but it must be with the intention of reconciliation, not to cause harm (Surah al-Baqarah 2:231). The conditions, words and witnesses of rujuk are explained under ʿIddah & rujuk.

After the ʿiddah ends — a new contract. Allah says: "When you divorce women and they reach the end of their waiting period, do not (you guardians) prevent them from remarrying their former husbands when they agree among themselves in a proper manner" (Surah al-Baqarah 2:232). This verse was revealed concerning Ma'qil bin Yasar, who refused to remarry his sister to her former husband (narrated by al-Bukhari).

• The wife is free to choose — she may refuse to return.
• The wali may not obstruct without a valid Shariah reason (verse 2:232).
• A new mahr is obligatory; the amount may differ from the original mahr.

3Triple talaq: conditions for becoming lawful again

Allah says: "Then if he divorces her (a third time), she is not lawful to him afterwards until she marries another husband. Then if the (new) husband divorces her, there is no sin on the two of them in returning to each other (remarrying) if they are confident that they can keep within the limits set by Allah" (Surah al-Baqarah 2:230).

The Sunnah makes clear that the contract alone is not enough. The wife of Rifa'ah al-Qurazi, who had been divorced three times, married Abdul Rahman bin al-Zubair and then came to the Messenger of Allah ﷺ wanting to return to Rifa'ah. He said: "No, not until you taste his honey and he tastes your honey" — meaning intercourse (Sahih al-Bukhari 5260; Sahih Muslim 1433).

Conditions for becoming lawful to the first husband (majority):

1. The former wife has completed her ʿiddah from the first husband.
2. She marries another man through a valid marriage — not an irregular (fasid) or temporary marriage.
3. The second husband actually consummates the marriage with her.
4. The second husband divorces her or dies, of his own will and without any prior arrangement.
5. She completes her ʿiddah from the second husband.
6. A new marriage contract with the first husband, with a wali, witnesses and mahr.

4The prohibition of muhallil marriage (cina buta)

Muhallil marriage (known in Malaysia as cina buta) is a marriage arranged solely to make a wife lawful again to her first husband — for example on the condition that the second husband divorces her after consummation.

The evidence:

• Ibn Mas'ud narrated: "The Messenger of Allah ﷺ cursed al-muhallil and al-muhallal lahu (the one for whom she is made lawful)" (narrated by at-Tirmidhi; at-Tirmidhi: hasan sahih). A narration with the same meaning from Ali bin Abi Talib is found in Sunan Abu Dawud.
• The hadith of 'Uqbah bin 'Amir: "Shall I not tell you about the borrowed billy goat?" — meaning al-muhallil (narrated by Ibn Majah; graded hasan by some scholars including al-Albani).
• Umar bin al-Khattab is reported to have issued a stern warning against this practice.

5Talak tiga dengan satu lafaz

If a husband says "I divorce you with three talaq" in one sitting, does it count as three or one?

6Rujuk and remarriage in polygyny

• The four-wife limit: a wife in the ʿiddah of a revocable (raj'i) talaq still counts as a wife. A husband with four wives, one of whom is in a raj'i ʿiddah, may not marry a new wife until that ʿiddah ends (scholarly consensus). For the ʿiddah of an irrevocable (ba'in) talaq, the Hanafi and Hanbali schools still forbid it until the ʿiddah ends; the Syafi'i and Maliki schools permit it.
• Rujuk with a wife given a revocable talaq is not a new marriage, so it does not require polygyny permission — but it must be registered.
• A new contract with a former wife after a ba'in divorce is a new marriage. If the husband has another wife at that time, it is a polygynous marriage requiring the court's permission under Act 303 s.23 and the equivalent state enactments (practice in each state to be verified with the religious affairs office).
• Rotation of nights (giliran): a wife who is taken back is entitled to her turn and maintenance like the other wives. See Justice in polygyny.

7Procedure in Malaysia

1. Rujuk within the ʿiddah

• Pronounce the words of rujuk, preferably before two upright male witnesses.
• Report to the Registrar at the district religious affairs office within the period set by the state enactment, with the divorce certificate and identity card; the rujuk is recorded.
• If the wife does not agree, the court may investigate and appoint arbitrators (hakam).

2. New contract after ba'in sughra

• Apply for permission to marry as usual, attaching the divorce certificate; the court or registrar will confirm the number of talaq that have taken effect.
• If the husband has another wife, apply for polygyny permission first.

3. After a triple talaq

• The Registrar will ask for proof of the marriage to the second husband, the divorce certificate or the second husband's death certificate, and will ensure that the ʿiddah has ended.
• Officers may investigate if there are signs of a muhallil marriage.

4. Unregistered or disputed talaq

• If talaq is pronounced outside court, it must be reported and confirmed at the Syariah Court; pronouncing talaq outside court without permission is an offence (Act 303 s.124 and state enactments).
• If you are unsure whether a talaq took effect or how many — for example talaq by message or in anger — do not guess. Apply for confirmation of the divorce pronouncement at the Syariah Court before rujuk or remarriage.

Sumber & rujukan