How do conjugal relations during the ‘iddah period affect a divorce?


Someone from Germany sent a copy of the letter he had written to Nazim Dar-ul-Qaza Germany, to Hazrat Amirul Momineen, Khalifatul Masih Vaa. In that letter, he requested guidance regarding the validity of the divorce [talaq] he had issued but had a sexual intercourse with his wife during the ‘iddah period and had then lied to Dar-ul-Qaza about it. He asked whether, in view of these circumstances, the confirmation letter from Dar-ul-Qaza regarding his talaq was valid, or whether he had to repeat the entire process [if he still wanted a divorce].

Huzoor-e-Anwaraa, in his letter dated 29 October 2021, gave the following reply to this question:

“Based on the circumstances you have described, your talaq, during the ‘iddah period of which a conjugal relationship was established between you and your wife, was not effective. Thus, the verdict of talaq that has been passed by Dar-ul-Qaza with regard to you and your wife is not valid. This is so because you misrepresented the truth before Dar-ul-Qaza.

“Nevertheless, you have used one out of the three opportunities for talaq given to the husband by Islam. Moreover, since a conjugal relationship was established between you and your wife during the ‘iddah period after that talaq, this act would be considered your ruju‘ from talaq i.e. reconciliation.

“Now, if you wish to divorce your wife again, it would be considered the second pronouncement of talaq on your part. The ‘iddah period after it will be three menstrual cycles, or if she does not menstruate, then it will be a period of three months. Moreover, if your wife is pregnant, the ‘iddah period will last until the delivery.

“After this period of ‘iddah, provided that you do not reconcile [ruju‘] with your wife, the divorce between you and your wife will become effective.

“May Allah the Exalted have mercy on you and grant you both, husband and wife, the ability to follow all the commandments of Islam, while keeping in mind truthfulness and the fear of God. Amin.”

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