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:

Assalamu Alaikum

On behalf of others my Question is;

Both are Muslims, After marriage husband left for Dubai, had baby boy, after 3 years came back and querreled with wife. Without knowledge of wife married another lady, has children.

 

First lady filed the case for divorce but the husband didn`t showed up. it went on for 7 years, without any personnel contact or telephonic contacts. still both have not divorved.

 

Now the first wife wanted to go back to her husband, is it permissible ? or needs to go for the re-marriage ? Pls. let us know in the light of Qur`an and Hadeeth. Many thanks

 

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Answer:

 

Filed for khula 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.

 

Beloved brother, if the first wife only filed for a ‘khula’ divorce but was neither granted divorce by the Court nor her husband pronounced divorced upon her, regardless of the number of years which have elapsed, the couple remain legally married to each other in the Sight of Shariah Law.

 

If the first wife now after seven years wishes to go back to her husband, it is absolutely permissible in Shariah, and there is absolutely no need for a re-marriage; because she was legally never divorced from her husband in the first place.

 

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