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 got married 5years ago and then after1years my husband gave me2talaks but we got back together within2weeks.then a year later he gave me3 talaks at once.and we saeprated because we had child together so for him we decided to get back together and i agreed for halala and his father arranged me marrige in pakistan.that marrige lasted 30 min and the man gave me3talak after intercourse.i came back and after idat i married my 1st husband.but recently i have caught him visting women3times in ukraine.he denies having relation with him but why would he visit her3times?but anyway i decided to divorce him and have applied for divorce in english court he has moved to dubai and is refusing to divorce me.im thinking of applying in sharia court too.but im wondering if divorce on my first marrige certificate is valid?even though im married to same man but that nikah is finished and i have done new nikah with him for which i have no proof as it was done in presence of 2relatives.can i apply divorce n khula on behalf of that nikah n english marrige certificate? 

 

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Answer:

 

Halala mockery of marriage 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.

 

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.

 

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).’

 

Your Statement: i got married 5years ago and then after1years my husband gave me2talaks but we got back together within2weeks

A husband in Islam has an absolute maximum of three divorce rights in any one marriage in Islam; the first two are revocable, and the third is irrevocable.

 

Thus if your husband pronounced ‘two’ divorces upon you in the marriage, and within two weeks he revoked the divorce, he was well within his rights to do so….but both the revocable divorce rights in the marriage would be deemed utilized in the marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Your Statement: …then a year later he gave me3 talaks at once.and we saeprated

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?"  As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"

 

Al-Muwatta Hadith 29.37

Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.'

 

The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an irrevocable divorce will be established between the couple in the Sight of Shariah Law and in the Sight of Allah Subhanah.  That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.

 

Al-Muwatta Hadith 29.1

Yahya related from Malik that he had heard that a man said to Hadrat Abdullah ibn Abbas (r.a.) (a companion of the Messenger of Allah (saws)), "I have divorced my wife by saying “I divorce you” a hundred times. What do you think my situation is?" Ibn Abbas (r.a.) said to him, "She was divorced from you by three pronouncements, and by the (balance) ninety-seven, you have mocked the Aayat of Allah."

 

Your husband had already pronounced and revoked two divorces against you in the marriage; thus he had only one more divorce right left in that marriage.  By pronouncing a further three divorces upon you in the marriage (thus a total of five!), your husband made a complete mockery of the Laws of the Lord Most Majestic, Most Supreme!

 

Your Statement: ….because we had child together so for him we decided to get back together and i agreed for halala and his father arranged me marrige in pakistan.that marrige lasted 30 min and the man gave me3talak after intercourse.

The term ‘Halala’ is when a man who has irrevocably divorced his wife, and they (or some people) intentionally plan and arrange for another person to temporarily marry the (divorced) wife, so that the wife can become legal again for the first husband.  This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person to intentionally circumvent the Laws of Allah and make her legal for her first husband is what is known as ‘Halala’.

 

It is absolutely impermissible and a grave sin in the Sight of Allah for the believers to plan such a ‘halala’ to intentionally circumvent and make a mockery of the Laws of Allah Subhanah.  The Messenger of Allah (saws) invoked the Curse of Allah on the people who practiced ‘halala’ and on those for whom it was practiced.

 

Sunan of Abu-Dawood Hadith 2071  Narrated by Ali ibn AbuTalib

The Prophet (saws) said: ‘The Curse of Allah be upon the one who marries a divorced woman with the intention of making her lawful for her former husband, and upon the one for whom she is made lawful!’

 

Under any and all circumstances, the process of what is known as ‘halala’ is not even an option for one who sincerely fears Allah and the Last Day.

 

Your Question: ….can i apply divorce n khula on behalf of that nikah n english marrige certificate? 

Sister, the truth is that in the case related by you, a complete mockery has been made, time and time again, not only of the sacred institution of marriage….but also of the Laws of the Lord Most Majestic!  If you, your husband, your father-in-law and your ‘new and temporary’ husband who facilitated the evil of ‘halala’…..if all of you do not turn unto your Lord in ‘taubah’ and seek sincere forgiveness for your manifest transgressions, an extremely severe accounting would await you in the Presence of your Lord Most Majestic Most Supreme on that Inevitable and Tumultuous Day of Judgment!

 

Respected Sister, at the third pronouncement of divorce form your husband, an absolutely irrevocable divorce was established in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah…..thus your subsequent transgression of ‘halala’ and your remarriage to your former husband after the ‘halala’ were nothing but manifest transgressions and a continuation of the mockery committed of the Laws of the Lord Most High, Most Supreme!

 

As the matter stands, you and your husband are irrevocably divorced in the Sight of Allah Subhanah and you can never never ever remarry your former husband, unless and until you perchance happen to marry someone else, and that new husband of yours, of his own free will, chooses to divorce you 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