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:

Assalam o Alaikum.

 

MY BROTHER HE HAS DECLARED DIVORCE TWO TIMES ONLY AND NOT FOUR.

 

ONE EACH TWO TIMES. HE WILL SEE HIS WIFE AND CHILDRENS AGAIN NEARLY AFTER A YEAR FOR THAT HE NEEDED YOUR ADVICE.

 

DOES HE HAS TO PERFORM THE NIKAH AGAIN WITH HIS WIFE AS THE IDDAH PERIOD WILL GET OVER BEFORE HIS RETURN TO HIS FAMILY.

 

(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:

 

Divorce revocable

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.

 

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

 

If your brother has declared only two divorce pronouncements against his wife, the divorce is indeed revocable in the Sight of Shariah Law. 

 

Your Question: DOES HE HAS TO PERFORM THE NIKAH AGAIN WITH HIS WIFE AS THE IDDAH PERIOD WILL GET OVER BEFORE HIS RETURN TO HIS FAMILY.

The state of the marriage of your brother depends whether or not he revoked the divorce after the second pronouncement of divorce within the required time period of the ‘iddah’ of the wife, which is three menstruation periods.

 

If the husband revoked the divorce or conjugated with his wife before the expiration of the period of ‘iddah’, the ‘nikaah’ and the marriage between the couple will be unaffected and the husband can re-unite with his wife upon his return.

 

But if the husband did not revoke the divorce, nor conjugated with his wife before the expiration of the period of ‘iddah’…..a divorce would be deemed established between the couple in the Sight of Shariah Law and of Allah Subhanah…..and the wife would be free to marry anyone of her choice thereafter.  Because only two divorces were declared in the marriage, there is allowance in Shariah for the two to remarry each other again, if both parties wish to do so….but a brand new ‘nikaah’ with a brand new ‘mehr’ will have to be performed between them.

 

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