🚪 Perceraian, idah & rujuk · #38
After my ex-wife married someone else and came back to me, how many talaqs do I have left?
If the earlier separation was fewer than three talaq, according to the majority of scholars the husband has only the remaining talaq, not a fresh three.
Example: you divorced her with one talaq, she married someone else, then divorced and came back to you — you have two talaq left. If the earlier separation was a triple talaq, a new marriage after a second husband gives a full three talaq.
This issue has major consequences, so check the record of earlier talaq with the Syariah Court before contracting the marriage again. See rujuk & remarriage.
Example: you divorced her with one talaq, she married someone else, then divorced and came back to you — you have two talaq left. If the earlier separation was a triple talaq, a new marriage after a second husband gives a full three talaq.
This issue has major consequences, so check the record of earlier talaq with the Syariah Court before contracting the marriage again. See rujuk & remarriage.
Difference between schools. Maliki, Shafi'i, Hanbali (the majority): the remaining talaq are carried over. Abu Hanifah and Abu Yusuf: marriage to a second husband restarts the three talaq.
Sumber
Surah al-Baqarah 2:229Surah al-Baqarah 2:230