My husband had issued second talaq. I beleive we have to perform a nikah to be husband and wife. Do i have the right to say no to such nikah ?

1. First type: If the husband clearly utters, 'I divorce you' or 'I divorce

my wife'. In other words, he issues the divorce in such clear words that

there is no possibility of taking any other meaning from these words. This

is known as 'Talaaq-e-Sareeh'. The law of Talaaq-e-Raj'ee will take place

here, i.e. the Nikah has not broken as yet. If the husband divorces his wife

by uttering the words of divorce one or two times and thereafter regrets his

action, it will not be necessary to renew the Nikah. He can live with his

wife by revoking the divorce, for example, say 'I take you back as my wife'

or be intimate with her. This must be done before the expiry of the Iddah.

However, if the man divorced her and maintained this divorce of his, then

the moment the Iddah of Talaaq expires, the Nikah will break. As long as the

Iddah does not expire, the man has a choice of keeping her or not. This is

Talaaq-e-Raj'ee.

2. Second type: The husband does not utter words of divorce clearly.

Instead, he speaks in very vague terms which could have the meaning of

divorce and some other meaning, e.g. get out, go away, etc. Uttering any of

these words or similar in which there is the possibility of several meanings

is known as Talaaq-e-Kinaayah (unclear divorce). Talaaq will only take place

if that was the intention of the husband. The law of Talaaq-e-Baain will

apply, i.e. the Nikah is totally annulled and will not be permissible to

live together without renewing the Nikah. If they wish to stay together

again, they will have to renew the Nikah. This is known as Talaaq-e-Baain.

(Bahishti Zewar vol.1 pg.389)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai