Revocable 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:

What is "Three divorces" ?

Is it to divorce a wife once to seperate and remarry the same women after paying "Meher" again. Divorce second time to seperate and remarry the same women after paying "Meher" again and so on, till she is divorced the third time ? 

 

(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:

 

Revocable 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 236-237::

236    There is no blame on you if ye divorce women before consummation or the fixation of their dower; but bestow on them (a suitable gift) the wealthy according to his means and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.

237    And if ye divorce them before consummation but after the fixation of a dower for them then the half of the dower (is due to them) unless they remit it.  Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness.  And do not forget liberality between yourselves.  For Allah sees well all that ye do.

 

Allah Subhanah has given the marriage tie in the hands of the husbands in Islam, and to protect the rights of the wife, Allah Subhanah has Decreed and Prescribed that in any one marriage, a husband may only pronounce and revoke a divorce upon his wife for an absolute maximum of two times; if perchance the husband were to pronounce a third divorce in the same marriage, then that pronouncement of divorce would be absolutely irrevocable and the same couple can never ever legally remarry each other again, unless and until the ex-wife were to marry a new husband, and the new husband, of his own free will and choice were to perchance divorce her, or he dies.

 

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 (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons are the wrong-doers.

 

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

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.

 

Thus the husband in every marriage in Islam has three divorce rights, the first two of which are revocable, and the third is absolutely irrevocable. 

 

Ref: Revocable and Irrevocable Divorce

If the husband were to pronounce the first and/or the second divorce to his wife in the marriage, the wife is commanded by Shariah Law to observe an ‘iddah’ or a waiting period of three menstruations.  If before the expiration of the ‘iddah’ period, the husband wishes to revoke the divorce, he is well within his rights to do.  But if the ‘iddah’ period of three menstruation period expires, the divorce will be deemed established in the Sight of Shariah Law, the husband and the wife become non-mehrams to each other, and the wife is absolutely free to marry anyone she wills and pleases after her waiting period or ‘iddah’.

 

If the ‘iddah’ or waiting period of divorce expires, and the couple wish to remarry each other again, they are at liberty to do so, but a brand new ‘nikaah’ or marriage between the couple must be performed. 

 

We reiterate again that only the first and/or the second pronouncement of divorce is revocable in Shariah, whereby the same couple can remarry again; at the very pronouncement of the third divorce, the couple will be deemed irrevocably divorced and the two of them can never ever remarry again unless and until the ex-wife were to marry a new husband, and the new husband, of his own free will and choice were to perchance divorce her, or he dies.

 

Your Question: What is "Three divorces" ? Is it to divorce a wife once to seperate and remarry the same women after paying "Meher" again.

The first and the second divorce pronouncements in the marriage in Islam are revocable.  If after the declaration of the revocable (first or second) divorce but before the expiration of the ‘iddah’ period, the husband decides and declares that he wishes to take his wife back, or has sexual intercourse with his wife ….the divorce will be deemed legally revoked in the Sight of Shariah Law and of Allah Subhanah, and the couple may live together as a husband and wife thereafter; but one (or two) of the three divorce rights in the marriage will be deemed utilized.

 

But if the couple wish to re-marry after the expiration of the ‘iddah’ period of a revocable divorce (first and second), they are well within their rights to do so…..but a brand new ‘nikaah’ with a brand new ‘mehr’ must be performed between the couple before they can live together as a husband and wife again.  Even in this situation, one (or two as may be the case) of the three divorce rights in that marriage will be deemed utilized. 

 

Divorce second time to seperate and remarry the same women after paying "Meher" again and so on, till she is divorced the third time ? 

If the husband were to pronounce divorce for a third time in the life of the marriage, then that third pronouncement of divorce will be deemed absolutely irrevocable in the Sight of Shariah Law and Allah Subhanah; and the couple can never ever remarry again unless and until the ex-wife were to marry a new husband, and the new husband, of his own free will and choice were to perchance divorce her, or he dies.

 

If the other husband of the wife were to perchance divorce the wife, or he were to die, it would be legal for the couple to marry each other, if indeed they wish to do so.  That will obviously be a brand new marriage with a brand new ‘mehr’ determined, and the husband will thus have his three divorce rights restored to him again in the new marriage.

 

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

 

 

 

 

Copyright © 2023 Wister All rights reserved

Privacy  |  Feedback  |  About Wister  |  Volunteer Wister  |  Ask a Question  |  Widget