Remarry divorced wife.

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:

Asalaamwalaikum brother

 

My sister in law got married to this guy who was with her for 15 yrs before thier marraige both of them r muslims,after thier marraige they spent a year of married life togather due to not getting along an fights they got separated they lived apart for abt 9 months, an families an they themselves came to the conclusion to get divorced ,the divorce was done by a maulana who had come to the guys house in front of both the girl an the guy an the witnesses,the maulana explained individually to both of them separately the meaning of divorce an tried for them to get back but tht dint happen an the couple agreed to get divorced the talaq nama was made an signed by both the girl an guy an witnesses,now as islam says tht a girl after her divorce has to sit for a period of three months which is called the iddat,the girl started the the iddat period but did not complete it according to the way tht islam says.now it has been almost a year after the divorce ,the maulana now says tht the guy at the time of signing talaq nama did not verbally say talaq to the girl is it tht if the guy signs the talaqnama an does not say it verbally the talaq is not valid? now the guy wants to get back to her what should the girl do in this above mentioned situation of her life  i want to know the right way from quran .. i ve read one of ur mails abt iddah whr i read tht if a girl does not complete her iddah properly an goes for a new nikah tht nikah is null an void in front of allah is tht kind of nikah haraam? an i ve heard from people in my life time abt talaq whr a women after her talaq an iddah period is over if she wants to get back to her previous husband has to do nikah with a another man fulfill tht mans wishes as a wife an then divorce tht man get back to her previous husband sorry if whtever i ve said wrong in this statement can u jus clear my views of the above situation an abt talaq  an wht is halala in talaq. i hope u understand the situation an can tell me the answersfrom the quran

 

Thanking u

Ur brother in islam .....

 

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Answer:

 

Remarry divorced wife

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.

 

Your Statement: ….the maulana now says tht the guy at the time of signing talaq nama did not verbally say talaq to the girl is it tht if the guy signs the talaqnama an does not say it verbally the talaq is not valid?

Although a mere declaration of ‘divorce’ by the husband would have sufficed to establish a divorce between the couple, even if the husband, of his own free will, signed the divorce form presented with the intention to divorce his wife, rest assured that a legal divorce has been established between the husband and the wife in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Your Statement: ….now as islam says tht a girl after her divorce has to sit for a period of three months which is called the iddat,the girl started the the iddat period but did not complete it according to the way tht islam says.

Indeed a ‘iddah’ or waiting period of three menstruations of the wife is required for the divorce to take effect, before the wife becomes legally free to marry any other man of her choice. 

 

If the woman upon whom a divorce is pronounced marries someone else before the expiration of the ‘iddah’ period, that new marriage will be considered null and void.

 

Regardless of how the woman upon whom the divorce was pronounced chose to spend her period of ‘iddah’, after the expiration of the ‘iddah’ period, a divorce between her and her husband would be legally established.

 

Your Question: …an i ve heard from people in my life time abt talaq whr a women after her talaq an iddah period is over if she wants to get back to her previous husband has to do nikah with a another man fulfill tht mans wishes as a wife an then divorce tht man get back to her previous husband

The husband in Islam is trusted with three divorce rights in any one marriage, the first two of which are revocable and the husband has the right to revoke the divorce he has given.

 

It is only after the husband pronounces the third divorce, whereby the divorce becomes irrevocable.  After the declaration of the third irrevocable divorce it is unlawful for the same couple to remarry again unless and until the wife happens to marry someone else, and her new husband, of his own free will, happens to divorce her or dies. 

 

Your Question: ….now the guy wants to get back to her what should the girl do in this above mentioned situation of her life

Because only one divorce has been established in their marriage, the divorced couple are well within their rights in Islam to remarry each other again, if indeed they wish to do so. 

 

A brand new Nikaah with a new Mehr has be performed if indeed the couple wish to remarry again after the establishment of one divorce in their 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

 

 

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