Nikah after three talaqs: no one may force her to marry

Question

Question: A quarrel arose between husband and wife over something. The wife took the children and went to her parents’ home. At the villagers’ urging she again took the children to her husband’s house, left the children there and came back. The young woman’s mother then set out with her to the husband. On the way the husband and some men of the village met them, and there was a discussion, but the husband was not willing to keep her or to take her home; he hit his wife and the wife hit her husband.

Answer

A major (mughallaza) divorce has taken place and she has become haram for her husband. Now no one can force her, saying: “Marry so-and-so.” If she wishes, after completing her ‘idda she may marry within her own family according to her own choice; and after halala, nikah with the man who divorced her will also become valid.

Source: Fatawa Mahmudiyya

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