I DID NOT GIVE DIVORSE TO MY WIFE VERBALLY OR IN WRITTEN, EXACTLY BY FORCED I HAD TO SIGN 2 PAPERS OF KHULAA IN WHICH MY WIFE ASKED ME TO DIVORSE HER
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:
MY DEAR MUSLIM BROTHER MR BURHAN,
THOUSANDS
TIME THANKS FOR YOUR KIND ADVICE.
I AM
TOO MUCH PERPLEXED AND DEPRESSED WITH THE SITUATION CREATED UNFORTUN-ATELY BY
THE FAMILY OF MY WIFE.
I DID
NOT GIVE DIVORSE TO MY WIFE VERBALLY OR IN WRITTEN, EXACTLY BY FORCED I HAD TO
SIGN 2 PAPERS OF KHULAA IN WHICH MY WIFE ASKED ME TO DIVORSE HER AND SHE
FORGAVE THE HAQ –
NOW I REQUEST YOU TO PLEASE VERIFY
THE POSITION OF MY NIKAAH ???
AN
EARLY RESPONSE WILL HIGHLY BE APPRECIATED.
THANKS
AGAIN.
R. SARKAR
AHMED.
(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:
Signed divorce papers
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.
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 whether
one declares the terms of divorce verbally, or whether one gives them in
writing, or in any other form or manifestation…..a statement of divorce will be
treated as serious, and it will be deemed established between the couple in the
Sight of Shariah and of Allah Subhanah.
Regardless of who brainwashed your wife or why you signed
sign the divorce papers, and regardless of whatever made you sign the divorce
papers…..since you have agreed in writing (or verbally) to divorce your wife,
ONE divorce between you and your wife will be deemed established in the Sight
of Shariah Law.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 229:
229 A (revocable) 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 (the wife) 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).
Dear and beloved brother, Islam has given the husband the
option to declare divorce only three times in one marriage; the first two of these
three rights are revocable, but if the husband declares divorce upon his wife
for the third time, then it is absolutely irrevocable and the couple can never
remarry again unless the wife happens to marry another husband….and the new
husband of his own free will divorces her, or dies.
From what we have been able to understand from your
situation is that you have divorced your wife only once, thus regardless of the
conditions that might have transpired, ONE divorce is established and you have
now used up one of your three rights to divorce in that marriage.
It would be absolutely permissible in Shariah for the two
of you to seek to re-marry each other again after your first divorce, if both
of you are willing to do so…… for the first two divorces in any marriage are
revocable. If the ‘iddah’ or waiting
period of three menstrual periods after the declaration of divorce have
elapsed, you would have to perform a brand new ‘nikaah’ with your wife and
fulfill all the obligatory requirements of an Islamic ‘nikaah’ again, which
are:
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 227-228:
227 But if their intention is firm for
divorce, Allah heareth and knoweth all things.
228 Divorced women shall wait concerning themselves for three monthly
periods, nor is it lawful for them to hide what
Allah hath created in their wombs (pregnancy), if they have faith in Allah and
the Last Day. And their husbands have
the better right to take them back in that period (of ‘iddah) if they wish for
reconciliation. And women shall have
rights similar to the rights against them, according to what is equitable; but
men have a degree (of advantage) over them and Allah is Exalted in Power, Wise.
Thus brother, in conclusion, it would be absolutely
permissible for you to seek to re-marry the same woman you have divorced once,
provided a brand new ‘nikaah’ between the two of you is performed. What you must know and remember if you
remarry the same woman again is that you have now used up one of your three
rights to divorce her. If Allah forbid,
you were to divorce her for a second time, that divorce can still be legally
revoked; but if Allah forbid, you were to pronounce divorce upon her for a
third time, then that divorce would be absolutely irrevocable and you could
never marry that woman again unless she marries another person and that person
divorces her or dies.
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
