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..he didnt said 3 times talaq to her..now please let me know can my brother and sis-in-law remarry

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:

My ex-sis-in-law filed a case for my niece custody and she took khula...its been like 1 year or so my brother is in USA ..he didnt said 3 times talaq to her..now please let me know can my brother and sis-in-law remarry or they can start living together again..i will be really gratefull to you.

Thankyou!
Regards

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Answer:

 

Khula remarry

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.


 

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 (khula). 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 by three divorces) 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.

 

Assuming that your ex-sister in law has already taken khula from your brother, it means that she has obtained the Khula through a Court; and that khula would count as one amongst the three divorces permissible in a marriage in Islam. If the iddah period of that first divorce has elapsed and the couple did not get together after their first divorce, and anytime after that they wish to reconcile and re-marry one another, a brand new Nikaah must be performed between them which includes proposal by one party and acceptance by another, determination of mehr, and the presence of at least two witnesses to the new marriage contract.

 

It is absolutely permissible in Islam for a couple who have only one (or two) divorces amongst them to re-marry if both parties wish to do so, but one (or two) of the three divorces in Islam would have been deemed used. If (Allah forbid) the couple were to divorce for a third time, it would be deemed as an absolutely irrevocable divorce and the couple can never marry again unless and until the woman marries another husband and he, of his own free will divorces her, or dies.

 

From your short note, what seems to us is that only one divorce has been established between your brother and his ex-wife, and a year has elapsed since that first divorce. If both parties agree, there is absolutely no harm and it is lawful and legal in Shariah for them to re-marry if they wish to do so, but a brand new Nikaah must be performed between them and they can live together as a married couple thenceforth. What is very important is to realize and understand that one of the three divorce rights in their marriage has been used up.

 

Whatever written of Truth and benefit is only due to Allahs 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 in Islam,

 

 

Burhan

 


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