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The Law of Divorce

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 want to know if a woman quarrels with her husband and ask her husbands friend to talk to her husband so that he can divorce as she does not foresee any future with him. Then the husband divorces the woman with one talaak infront of 2 men witness. Later after udat i.e 4 and half month he wants to re unite with his wife and sends delegation to her family. Pls let me know what does islam say can she re-unite with her husband on a new maher since she was divorced with only one tallak or she has first to marry another man since the udat period is over. The reason I am asking this question is we have been having different versions from different ulams on the same subject some say that since its only one tallak she can re unite with her husband with a new nikkah since the uddat period is over and he cannot say rajactoo. Some say since the udat period is over she has to remarry again before they re-unite and also she has 3 kids and sole bread earner for the last 10 years for her family. Howver, if religion allows her to re-unite with her husband she would like to give her husband a second chance pls advice

 

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Answer:

 

The Law of 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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


 

Your comment: Pls let me know what does islam say can she re-unite with her husband on a new maher since she was divorced with only one tallak or she has first to marry another man since the udat period is over.

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.

 

If the husband has pronounced only one divorce, and the waiting period of iddah has elapsed, and the man and women want to remarry; they can re-marry by going to the Judge with two witnesses and agree on a new meher. The ruling of the woman getting married to another man does not apply here because her ex-husband has only given her one divorce. This ruling applies only when the husband has divorced his wife with all the three divorces, after which the divorce is irreversible; unless the woman marries another man.

 

Your statement: The reason I am asking this question is we have been having different versions from different ulams on the same subject some say that since its only one tallak she can re unite with her husband with a new nikkah since the uddat period is over and he cannot say rajactoo.

There is absolutely no ambiguity in the divorce laws in Islam, and all the scholars are united in their interpretation of the divorce laws.

 

If the husband pronounces one divorce, he can reverse that divorce by accepting the wife back, provided he takes her back before the waiting period or iddah is over. If he does not take her back as his wife, and the waiting period or iddah term expires, then the man and woman are divorced. If he wants to take her back after the waiting period or iddah, then he will have to marry her anew with a new meher.

 

This system of announcing a divorce and reversing his decision can be done twice. If the husband pronounces a third divorce, then this third divorce will be irrevocable. Unless of course, the woman marries another man, and he, of his own will divorces her, or dies.. Only then are they permitted to marry anew.

 

Your question: Some say since the udat period is over she has to remarry again before they re-unite and also she has 3 kids and sole bread earner for the last 10 years for her family. Howver, if religion allows her to re-unite with her husband she would like to give her husband a second chance pls advice

Islam absolutely allows a husband who has pronounced only one (or two) divorces to re-marry the same women after the waiting period or iddah term expires; by arranging a new mehr and going to the Judge with two witnesses for marriage.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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