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Why divorced woman has to marry again?

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:

Salaam
Kindly explain the reasons as to why an irrevocably divorced muslimah needs to marry another man before she can remarry her ex-husband. It would also be nice to know when this law was passed and the circumstances pertaining to this condition.

May ALLAH reward you for the great service that you are contributing to Islam and humanity.
AAmeen

You`rs in Islam
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Answer:

 

Why divorced woman has to marry again?

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Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-231:

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.

231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

 

Your Question: Kindly explain the reasons as to why an irrevocably divorced muslimah needs to marry another man before she can remarry her ex-husband. It would also be nice to know when this law was passed and the circumstances pertaining to this condition.
The divorce laws in 2:229-230, whereby Allah declared it illegal for a man to marry his irrevocably divorced wife, was revealed to protect the rights of the woman and reform a serious social evil common in Arabia before the advent of Islam. In the pre-Islamic days of ignorance, a husband was allowed to pronounce divorce as often as he pleased. Whenever the man willed, he would announce a divorce to his wife, and whenever he pleased he would marry her again!

 

Thus Allah Subhanah revealed this law to protect the rights of the woman, so that she would not become a play and jest in the hands of the man! In the days of ignorance the man was allowed to pronounce the divorce as many times as he willed, and then when it suited him, marry her again! This law absolutely shut the door of the husbands cruelty. During his whole married life, a husband was given the right to divorce and re-unite with his wife only twice. After that, whenever he pronounces a divorce for the third time, the divorce would be considered irrevocable and he could not marry her again unless she chose to marry someone else, and of his own free will, the new husband divorced her, or died.

 

The law was revealed to protect the rights of the woman, and warn the husband of the fear that he will lose his right to marry her forever if he decides to divorce his wife for the third time. Divorce was thus make a serious affair in Islam, whereby everytime there is a disagreement or issue in the marriage, the husband and wife should seek an amicable solution rather than reaching to use the divorce weapon as a tool to solve the disagreement.

 

The main wisdom behind this two-divorces-remarriage and three-divorce-as-final law of Shariah is to protect the rights of the women in Islam. The man is not allowed to use the power of divorce laid upon him by Allah to harass the women, or use the divorce as a joke or play. With this three-divorce-is-final law, the man is forced to take a well-thought and responsible decision before he decides to divorce his wife. And if the man misuses his rights of divorce, and pronounces the maximum allowable three divorces, he has to bear the consequences that he will not be able to change his mind after that, nor remarry the woman unless she chooses to marry someone else and her new husband divorces her. or dies.

 

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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