Some people have said that i have signed the papers or given talaq in written and verbally 1 time soits called final divorce.

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:

As-salaamalaikum,
i have gone through most of ur question and answers regarding the term divorce and the rules of it.but still im not content and would like u to tell exactly what is my situation this my case.i had married a girl of my choice, without my parents concern n will. i stayed with her for 2yrs abroad and later i had to divorce her due to my father`s force and since he was keeping ill most of the time bcoz of my act/marriage to this girl.just for my parents happiness sake i gave divorce to my wife.as far as i know, i had gone to the qazi and there i signed few papers in which it was written that im giving divorce to my wife bcoz of her bad behavior. the qazi asked me to repeat few sentences after him and finally i said TALAQ....(JUST ONCE) N SIGNED THE PAPER. all this procedure was being done in my wife`s absense.she only came to know about this divorce after the papers reached her. my father gave the qazi money to be given to my wife the maher and whatever money we were supposed to give to the wife.

Now i want to know,1. what kind of siutation im in? 2.can i if at all want to get back

my wife... get her?

 

3.how is it possible and how can i ressume it?

some people have said that i have signed the papers or given talaq in written and

verbally 1 time soits called final divorce.

 

4.during this iddat period or after my divorce , can i talk to her n meet her (no physical relation).


If it all there`s a chance to get her back, then i would be grateful to allah and pray that this time my parents accept her with all willingness n happiness and my married life is blessed.iwould only want to her back if my parents accept her,otherwise its the same circle we all would be in.

I also thank u for helping muslims with this site. one more thing i would appreciate is that if u can please reply or answer my question as soon as possible.im eagerly waiting for a response from you.


thank you very much. 

 

(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:

 

Remarry after one 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.

 

Q-1: what kind of siutation im in?

Al-Tirmidhi Hadith 4928        Narrated by Abud Darda

When a man came to him and said, "I have a wife whom my mother commands me to divorce," he replied to him that he had heard Allah's Messenger (saws) say, "A parent is the best of the gates of Paradise; so if you wish, keep to the gate, or lose it."

 

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).’

 

Dear and beloved brother in Islam, regardless of the reasons, conditions, or situations which you experienced prior to your declaration of divorce…..if you have declared or pronounced a divorce upon your wife (by verbal declaration, by writing, by telephone, by fax, by sms text, through a judge, etc.), in the Sight of Shariah Law and of Allah Subhanah, one divorce between you and your wife would be established.

 

Q-2: can i if at all want to get back my wife... get her?

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

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).

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.

 

Shariah Law permits only three pronouncements of divorce in any one marriage, the first two of which are revocable and the third one is irrevocable.

 

If, as you have stated, declared only one pronouncement of divorce upon your wife, you will have deemed to have used up your one of your three divorce rights in the marriage.  If you have declared only one divorce pronouncements against your wife, the divorce is indeed revocable in the Sight of Shariah Law.  If the husband takes back his wife or conjugates with her before the expiry of the wife’s waiting period of ‘iddah’ (three menses periods of the wife), the divorce will be revoked and the couple can live together as a married couple.

 

If the husband does not take his wife back, nor conjugates with her and the wife’s waiting period or the ‘iddah’ of divorce expires, the couple can still re-marry and live together as husband and wife again, provided they perform a brand new ‘nikaah’ between them.

Q-3: some people have said that i have signed the papers or given talaq in written and verbally 1 time soits called final divorce.

Regardless of whether you chose to pronounce a divorce upon your wife in writing or verbally, if you gave one divorce then it counts as only one divorce in the Sight of Shariah Law and of Allah Subhanah.

 

The first two divorce pronouncements in a marriage are revocable in Shariah Law; thus if the ‘iddah’ period of divorce has expired and the two of you intend to remarry, you are well within your rights to do so, but a brand new ‘nikaah’ between the two of you must to be performed.  

 

The second pronouncement of divorce is also revocable in Shariah; but if Allah forbid, one were to divorce his wife for a third time, that third divorce is absolutely irrevocable and final and the same couple can never ever remarry again, unless and until the wife marries another husband, and of his own free will and choice, the new husband were to perchance divorce his wife, or he dies.

 

Q-4: during this iddat period or after my divorce , can i talk to her n meet her (no physical relation).
 Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

 

Dear and beloved brother in Islam, one of the reasons and wisdoms behind the prescribed waiting period or ‘iddah’ of three menstruation periods after a (revocable) divorce is that if the husband wishes to revoke his divorce and take back his wife, he may very well do so. 

 

During the ‘iddah’ period after the declaration of a revocable divorce, one is at complete liberty in Shariah to interact with one’s wife as one pleases….. talk to her, meet with her in private, or even have sexual intercourse with her if he so wills.  If one has sexual intercourse with one’s wife before the expiry of the ‘iddah’ period of a revocable divorce, the divorce will be deemed automatically revoked and the two of them can lawfully live together as a husband and a wife thereafter.

 

But if the ‘iddah’ period of the divorce has expired, a divorce will be legally established between the couple and they become non-mehrams to each other in the Sight of Allah Subhanah; thus after the expiry of the ‘iddah’ period every single restrictions that would apply to a non-mehram member of the opposite sex in Shariah Law would be applicable for the couple.  After the expiry of the ‘iddah’, the couple may meet and talk if they have an absolutely genuine need, provided the wife is accompanied by her mehram relative.

 

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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