PLS GUIDE ME THRU QURAN AND HADIST REGARDING WHAT YOU HAVE ANSWERED TO MY BROTHER IN ISLAM FOR 3 TIMES PRONOUNCE DIVORCE IN ONE SHORT.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

ASSALAM O ALAIKUM

DEAR BROTHER IN ISLAM ,

KINDLY PLS GUIDE ME THRU QURAN AND HADIST REGARDING WHAT YOU HAVE ANSWERED TO MY BROTHER IN ISLAM FOR 3 TIMES PRONOUNCE DIVORCE IN ONE SHORT.

FIRSTLY ISLAM HAVE RULES IN DIVORCE WOMAN: THAT ONLY ONE DIVORCE IS ENOUGH AND LEGAL FOR THE 1ST TALAQ. IT IS OBVIOUSLY MENTIONED THAT THE PROPER WAY TO GIVE 1ST TALAQ ONLY BY PRONOUNCE ONE DIVORCE. EVEN IF HUSBAND SAY 5 OR 6 OR 100 TIMES IN ONE SHORT. ISLAM SAY ONE DIVORCE COUNTING AS 1 TALAQ. AND AFTER 3 MONTHS MENSES PERIODE THAY CAN AGAIN RE-MARRIAGE.

 

AND WHATEVER CONDITION PRONOUNCED BY A MAN ON DIVORCE TO HIS WIFE IS DONE. FOR.EX. UNGRY MOOD, DRUNK, OR WHATEVER CONDITION.

 

DRUNK : PEOPLE IS DOING HARAM WHICH IS HE CAN NOT THINK WHICH ONE RIGHT OR WRONG, HE DOING HARAM THING, AND DRUNK ALSO IN ISLAM HARAM BECAUSE THEN HE WILL NOT REMEMBERING ALLAH SWT. HOW COME APERSON, WITH THIS CONDITION ABLE TO DO DIVORCE TO HIS WIFE ?

 

WHAT IS BASED STORY BEHIND WHY, MY BROTHER IN ISLAM DIVORCE HIS WIFE BECAUSE ONLY A SIMPLE PROBLEM NOT BECAUSE OF STEALING, OR JINNAH WITH OTHER MAN. ONLY BECAUSE OF HIS WIFE FEELING JEALOUS TO HIS HUSBAND AND SUSPIOUS ABT HUSBAND BEHAVIOR. AND HUSBAND UNGRY, WITHOUT THINKING, HE PRONOUNCE 3 TIMES DIVORCES AND AGAIN REPEAT 3 TIMES IN FRONT WIFE`S PARENTS.

 

PLS EXPLAIN ACCORDING TO ALQURAN AND HADIST WHICH MENTIONED THAT THREE DIVORCES PRONOUNCE IS COUNTING AS 3 TALAQ.

 

IF IT IS LIKE THAT, THEN ISLAM JUDGE UNJUSTIFY TO AWIFE, SO ANY HUSBAND CAN EASYLY DECLARE 3 TIMES IN ONE SHORT TO HIS WIFE THEN HE CAN NEVER RE-MARRIAGE HIS WIFE AGAIN UNLESS HIS WIFE MARRIAGE TO ANOTHER MAN AND GET DIVO RCE FROM HIM.

 

PLEASE TAKE THIS MATTER SERIOUSLY, ONLY BECAUSE OF MOST OF MAJORITY ISLAM IN WORLDWIDE DECIDE THAT THREE TIME DIVORCE IN ONE SHORT MEAN 3 TALAQ, SO , MANY WIFE LIFE WILL BE NO HAVE VALUE AT ALL IN FRONT OF ISLAM. THAT AMAN CAN DIVORCE HIS WIFE IN ALL CONDITION AS WELL. ASTAGFIRALLAH .... PLS SEEK FOR ALLAH GUIDE, AS ALLAH IS THE MOST MERCIFULL, AND ONLY ALLAH ALONE CAN JUDGE APERSON BY HIM SELF

 

THIS TIME MY BROTHER HAS RE-MARRIAGE AGAIN HIS WIFE AFTER 3 DIVORCES IN ONE SHORT. WITH 2 WITNESS ON WIFE SIDE, PARENTS, AND 2 WITNESS IN MAN SIDE.

AS HE ALSO TAUBAH, AND SEEK FOR ALLAH TO FORGIVE HIM, AND RELIZED THAT HE WAS DOING WRONG TO HIS WIFE.

 

PLS ALSO GUIDE US ACCORDING QURAN AND HADIST

: WETHER THEIR NIKAH CONSIDER AS LEGAL IN ISLAM OR CONSIDERING JINNAH IN ISLAM ?

 

PLS ANSWER MY QUESTION AS SOON AS POSSIBLE SO THERE IS NO MISTAKE DONE AGAINTS QURAN AND HADIST.

 

WASSALAM

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

One or three divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

 

The All-Knowing, All-Wise Lord has laid the ties and the responsibility of a marriage in the hands of the husband; and it is precisely to honor that responsibility and to protect the rights of the woman that the Lord Most High, in His Supreme Wisdom and Knowledge, granted the husband the right to divorce and revoke his wife twice in any one marriage.  If the husband were to divorce his wife more than twice, then it would be deemed an absolutely irrevocable divorce in Shariah, and the same couple could never ever remarry again until the wife marries another person and that new husband of his own free will divorces her, or he dies.

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

The husband must use the rights bestowed upon him with absolute caution, and not pronounce divorce on his wife until he has thoroughly thought through the complete repercussions.  If the husband had unlimited divorce-and-revoke rights, the husband could divorce his wife on every small issue knowing full well that he can revoke his divorce whenever he wills and pleases….thus leaving his wife in a constant state of fear!  But when one has only two divorce-and-revoke rights in a marriage, a husband will (or should) think very very carefully, knowing fully well that once he pronounces a divorce, he will use up one of his two divorce-and-revoke rights in that marriage. 

 

The wisdom behind the allowance of only two divorce-and-revoke rights in one marriage is so that the pronunciation of divorce and the sacred institution of marriage does not become a mockery in society!

 

Your Question: PLS EXPLAIN ACCORDING TO ALQURAN AND HADIST WHICH MENTIONED THAT THREE DIVORCES PRONOUNCE IS COUNTING AS 3 TALAQ.

The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an irrevocable divorce will be established.  That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.

 

Al-Muwatta Hadith 29.37

Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.' (ie. an irrevocable divorce had been established)

 

Al-Muwatta Hadith 29.1

Yahya related to me from Malik that he had heard that a man said to Hadrat Abdullah ibn Abbas (r.a.) , "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?"  Ibn Abbas (r.a.) said to him, "She was divorced from you by three pronouncements, and by the (balance) ninety-seven, you have mocked the Aayah of Allah."

 

Your Question: THIS TIME MY BROTHER HAS RE-MARRIAGE AGAIN HIS WIFE AFTER 3 DIVORCES IN ONE SHORT. WITH 2 WITNESS ON WIFE SIDE, PARENTS, AND 2 WITNESS IN MAN SIDE.

AS HE ALSO TAUBAH, AND SEEK FOR ALLAH TO FORGIVE HIM, AND RELIZED THAT HE WAS DOING WRONG TO HIS WIFE.

PLS ALSO GUIDE US ACCORDING QURAN AND HADIST

: WETHER THEIR NIKAH CONSIDER AS LEGAL IN ISLAM OR CONSIDERING JINNAH IN ISLAM ?

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 230-231:

230    So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

231    When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul.  Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction.  And fear Allah and know that Allah is well acquainted with all things.

 

If one has pronounced three divorces upon his wife, regardless of whether the three divorces were pronounced in three different stages or times, or whether they were pronounced at one and the same time….the absolute majority of the good scholars and jurists in Islam consider it as an absolutely irrevocable divorce….and it would not be lawful for that couple to marry each other again, unless the woman were to marry someone else, and her new husband of his own free will were to divorce her, or he dies.

 

If one has pronounced three divorces on his wife, regardless of whether in stages or at once, and that same couple remarry again…..such a marriage will be absolutely unlawful, null and void in the Sight of Shariah and a grave and heinous sin in the Sight of Allah Subhanah.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 
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