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:

Dear brother in islam.

Iam very much bothered about my marriage,because.i married a girl who was earlier married to boy.After her first marriage ,her husband did not touched her,and did not do any intecourse with her,and he left her for more than 1 year.after the marriage he did come to see her or met her in these one year.later he droped oner letter,at her door step,mentioning ,Talaakh,three times ,and he wrote that he is witing this letter with his will and in fully conciouse state.that i have given divorce to you.

Then after receiving this letter we both married at one kazi with two wittnesses.tell me wethear this marriage is valid according to shariya.and if not what i have to do know.now we are having two kids the elder one is 16 years old.

please suggest me what to do.

May allah reward you with his blessings 

 

(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:

 

Written divorce legal

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 Statement: ….later he droped oner letter,at her door step,mentioning ,Talaakh,three times ,and he wrote that he is witing this letter with his will and in fully conciouse state.that i have given divorce to you.

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).’

 

If the husband has pronounced or declared a divorce upon his wife, regardless of whether it is verbally or in writing, a divorce will indeed be established between the couple in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

If the wife is absolutely convinced that the letter declaring the statements of divorce she found at her door-step was that of her husband, indeed a divorce would be established between the couple in the Sight of Shariah Law and of Allah Subhanah.  After the wife has fulfilled the period of waiting or ‘iddah’ which is her three menstruation periods, she is at absolute liberty to marry any other eligible believer of her choice.

 

Your Question: Then after receiving this letter we both married at one kazi with two wittnesses. tell me wethear this marriage is valid according to shariya.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

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 if they have faith in Allah and the Last Day.

 

A divorced woman is commanded to fulfill her period of ‘iddah’ which in Shariah is her three menstruation periods…..after she has fulfilled her waiting period of ‘iddah’, she is at liberty to marry any eligible believer of her choice.

 

There are four obligatory conditions for a ‘nikaah’ or marriage to be considered lawful in Shariah:

1. Proposal by one party and acceptance by the other.
2. The determination of ‘mehr’
3. The presence of (at least) two witnesses to the marriage contract.
4. The consent of the father/guardian of the bride.

 

If the divorced woman fulfilled her waiting period of ‘iddah’ after receiving a divorce from her husband, and all the above listed four absolutely obligatory conditions of an Islamic ‘Nikaah’ were honored, the marriage would indeed be considered legal, lawful, and valid in the Sight of Shariah Law and in the Sight 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