MY QUESTION IS AFTER DIVORSE CAN I GET MARRIED AGAIN WITH THE SAME GIRL
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 DEAR MUSLIM BROTHER BURHAN,
I REGULARLY RECEIVE YOUR EMAILS & I READ WITH MY FULL ATTENTION ON EACH AND EVERY WORDS.
MY QUESTION IS AFTER DIVORSE CAN I GET MARRIED AGAIN WITH THE SAME GIRL IF HAQ-E-ZOJIAT HAS NOT BEEN PERFORMED? WE WERE DIVORSED FOR SOME REASON AFTER ONLY ONE MONTH OF MARRIAGE BUT I DID NOT SLEEP WITH HER, NOT EVEN A SINGLE TIME WITH MY WIFE.
IN MY CASE IS IT POSSIBLE TO GET MARRIED AGAIN WITHOUT HALALA?
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Marry after 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 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 verse 229:
229 A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.
Dear and beloved brother, Islam has given the husband the option to declare divorce only three times in one marriage; the first two of these three rights are revocable, but if the husband declares divorce to his wife for the third time, then it is absolutely irrevocable and the couple can never remarry again unless the wife happens to marry another husband.and the new husband of his own free will divorces her, or dies.
From what we have been able to understand from your question, you have divorced your wife only once, thus regardless of whether or not haqq-e-zawjiyat was performed or not, the divorce is established and you have now used up one of your three rights to divorce in that marriage.
It would be absolutely permissible for you to seek to re-marry the same woman in Shariah after your first divorce, for the first two divorces in any marriage are revocable; but you would have to perform a brand new nikaah with your wife and fulfill all the obligatory requirements of an Islamic nikaah, which are:
- Proposal by one party and acceptance by the other.
- Determination of the mehr for the bride
- Presence of two witnesses to the marriage contract.
- Consent of the guardians or wali of the bride.
Thus brother, in conclusion, it would be absolutely permissible for you to seek to re-marry the same woman you have divorced once, provided a brand new nikaah between the two of you is performed. What you must know and remember if you remarry the same woman again is that you have now used up one of your three rights to divorce her. If Allah forbid, you were to divorce her for a second time, that divorce can still be legally revoked; but if Allah forbid, you were to pronounce divorce upon her for a third time, then that divorce would be absolutely irrevocable and you could never marry that woman again unless she marries another person and that person 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 alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,