The Law of 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:
I want to know if a
woman quarrels with her husband and ask her husbands friend to talk to her
husband so that he can divorce as she does not foresee any future with him.
Then the husband divorces the woman with one talaak infront of 2 men witness.
Later after udat i.e 4 and half month he wants to re unite with his wife and
sends delegation to her family. Pls let me know what does islam say can she
re-unite with her husband on a new maher since she was divorced with only one
tallak or she has first to marry another man since the udat period is over. The
reason I am asking this question is we have been having different versions from
different ulams on the same subject some say that since its only one tallak she
can re unite with her husband with a new nikkah since the uddat period is over
and he cannot say rajactoo. Some say since the udat period is over she has to
remarry again before they re-unite and also she has 3 kids and sole bread
earner for the last 10 years for her family. Howver, if religion allows her to
re-unite with her husband she would like to give her husband a second chance
pls advice
(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:
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 no one (no idol, no person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad (saws) is His
slave-servant and the seal of His Messengers.
Your comment: Pls let me know what does islam say can she
re-unite with her husband on a new maher since she was divorced with only one
tallak or she has first to marry another man since the udat period is over.
Allah says in the Holy
Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice:
after that the parties should either hold together on equitable terms or
separate with kindness.
If the husband has pronounced only
one divorce, and the waiting period of ‘iddah’ has elapsed, and the man and
women want to remarry; they can re-marry by going to the Judge with two
witnesses and agree on a new meher. The
ruling of the woman getting married to another man does not apply here because
her ex-husband has only given her one divorce.
This ruling applies only when the husband has divorced his wife with all
the three divorces, after which the divorce is irreversible; unless the woman marries
another man.
Your statement: The reason I am asking this question is we
have been having different versions from different ulams on the same subject
some say that since its only one tallak she can re unite with her husband with
a new nikkah since the uddat period is over and he cannot say rajactoo.
There is
absolutely no ambiguity in the divorce laws in Islam, and all the scholars are
united in their interpretation of the divorce laws.
If the husband pronounces one
divorce, he can reverse that divorce by accepting the wife back, provided he
takes her back before the waiting period or ‘iddah’ is over. If he does not take her back as his wife, and
the waiting period or ‘iddah’ term expires, then the man and woman are
divorced. If he wants to take her back
after the waiting period or ‘iddah’, then he will have to marry her anew with a
new meher.
This system of announcing a
divorce and reversing his decision can be done twice. If the husband pronounces
a third divorce, then this third divorce will be irrevocable. Unless of course, the woman marries another
man, and he, of his own will divorces her, or dies….. Only then are they
permitted to marry anew.
Your question: Some say since the udat period is over she
has to remarry again before they re-unite and also she has 3 kids and sole
bread earner for the last 10 years for her family. Howver, if religion allows
her to re-unite with her husband she would like to give her husband a second
chance pls advice
Islam absolutely allows a husband who has pronounced only one (or two) divorces to re-marry the same women after the waiting period or ‘iddah’ term expires; by arranging a new mehr and going to the Judge with two witnesses for marriage.
Whatever written of Truth and benefit
is only due to Allah’s Assistance and Guidance, and whatever of error is of
me. Allah Alone Knows Best and He is the
Only Source of Strength.
Your Brother in
Islam,
Burhan
