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:

As Salam Aliy kum MAY Allah reward you for this great noble act, my question is regarding divorce, when my wife was pregnent I said the word talack/divorce tow times, and as i was about to say it the third time she put the phone down, there fore i didnt say it the third time, and also at the time she was pregnent, so i want to ask you on that basis are we stil isalmiclly marid or not? and i think within 3 to 4 months we had intercourse and we still are living like a marid copule, do we have a right to do that or not? and all so before this issue had happend i was having number of affairs with other girls, may allah for give me, and three of the girls i promised to marry, but did not suceed in doing so, i thank allah for that till this day, but out of the three girls 2 of them, i told them that i have divorced my wife, or i am going to divorce my wife, so that they will marry me, but its only now realise i was ignorant, and i love my wife to bits, and we intend to live togeather for ever inshallah, and when i was going pakistan, i was going with the intension to divorce my wife, but when i saw her and our new born baby girl, i changed my mind, and till this day we intend to live togeather, and bearing in mind i didnt pronounce the divorce the third time, and also bearing in mind i did not what so ever have any knolwedge about the divorce issue, untill i visited your help line, so plz tell me are we still leagally marid or not? in the light of islamic sharia, jazak allah, may allah reward you and show mercy on you and on all of us and guide us to the straight path.

 

(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:

 

Declared divorce twice

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 Question: when my wife was pregnent I said the word talack/divorce tow times, and as i was about to say it the third time she put the phone down, there fore i didnt say it the third time, and also at the time she was pregnent, so i want to ask you on that basis are we stil isalmiclly marid or not?

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

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. 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).

230    So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

 

Shariah Law permits only three pronouncements of divorce in any one marriage, the first two of which are revocable and the third one is irrevocable.

 

If, as you have stated, declared two pronouncements of divorce upon your wife, you will have deemed to have used up your two divorce rights in the marriage.  If Allah forbid, you were to divorce your wife for a third time at any stage of the marriage in the future, that would constitute an irrevocable divorce and the two of you could never re-marry again, unless the woman marries another man, and that person, of his own free will divorces her, or dies.

 

If you have declared two divorce pronouncements against your wife, the divorce is indeed revocable in the Sight of Shariah Law.  If the husband takes back his wife or conjugates with her before the expiry of the wife’s waiting period of ‘iddah’, the couple can live together as a married couple.

 

If the husband does not take his wife back, nor conjugates with her and the wife’s waiting period or ‘iddah’ of divorce expires, the couple can still re-marry and live together as a husband and a wife provided they perform a brand new ‘nikaah’ between them.

 

Although Islam guides that a husband should not pronounce a divorce during the pregnancy of his wife, if Allah forbid, one were to transgress this guidance and pronounce divorce while the wife is pregnant, the divorce pronouncement will still be considered valid and a divorce will be deemed established in the marriage.

 

Your Question: and i think within 3 to 4 months we had intercourse and we still are living like a marid copule, do we have a right to do that or not?

The normal ‘iddah’ of divorce for a wife who is not pregnant at the time of the pronouncement of divorce is her three menstrual periods; but the ‘iddah’ of a wife who is pregnant at the time of the pronouncement of divorce is until the date of her delivery.

 

If your wife was pregnant when you pronounced the two divorces upon her, and you had intercourse with her before she delivered the baby…..the divorce will be deemed revoked and you may legally stay with your wife like a married couple.

 

But if you declared the two divorce pronouncements while your wife was pregnant, and neither took your wife back nor had intercourse with her before she delivered the child…..then at the delivery of the child the ‘iddah’ or waiting period of the wife would have elapsed.  If after the ‘iddah’ has expired the two of you wished to remarry each other again, it is absolutely necessary and obligatory in Shariah that a brand new ‘nikaah’ is performed between the two of you for you to live like a married couple again.

 

Your Question: and bearing in mind i didnt pronounce the divorce the third time, and also bearing in mind i did not what so ever have any knolwedge about the divorce issue, untill i visited your help line, so plz tell me are we still leagally marid or not? in the light of islamic sharia,

Dear and beloved brother in Islam, ignorance of a law of Shariah does not permit one to be excused by the repercussions of the Law!

 

From what we have been able to understand from your statements is that you pronounced two divorces on your wife during her pregnancy….thus in the Sight of Shariah Law and of Allah Subhanah, your divorce with your wife would have been established.

 

Because you had pronounced only two divorces, they are revocable and you have a right to take back your wife before the expiry of her ‘iddah’ or waiting period of divorce; which in your particular case, because your wife was pregnant at the time of the pronouncement of divorce, is until she has delivered her child.

 

Thus if you took your wife back, or had intercourse with her before she delivered the child….it would be absolutely lawful for you in the Sight of Shariah Law to live with your wife as a married couple.

 

But if you neither took your wife back, nor had intercourse with her until after she had delivered the child, then the divorce between the two of you would be legally established in the Sight of Shariah Law and of Allah Subhanah.  Because the first two divorce pronouncements in a marriage in Islam are revocable, it is absolutely lawful for you to seek to remarry your wife with the performance of a brand new ‘nikaah’.

 

Thus brother, it is absolutely vital that you determine clearly and truthfully for yourself when exactly did you take your wife back by having intercourse with her after the pronouncement of the divorce?  Was it before or after she had delivered the child; for that is absolutely vital to determine whether the status of your current marriage is lawful or unlawful in the Sight of Allah Subhanah.

 

If you took your wife back or had intercourse with your wife before she delivered the child, then the status of your current marriage is absolutely lawful.

 

But if you had intercourse with your wife only after she delivered the child, then without the performance of a brand new ‘nikaah’ between the two of you, the status of your current marriage would be absolutely unlawful in the Sight of Shariah Law and of Allah Subhanah. 

 

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