Divorce 2 times
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:
Brother Burhan,
As-Salaam o Alaikum,
First of all my english
is not good but i'll try to make you understand my
problem. I had love marridge with my husand, which was arranged betwwen
my & his parents & last year he came to pick me from Paksitan & we both came to Canada, as he was living
here.....anyways our wedding didn't work our very well, as he was abusive
(physical/verbal) & little Alcoholic too.....so on 11th October 2002, we
had a dispute & i asked him to divorce me as in
this way i can't live with you than he said 2-times
divorce to me.....than i left his home & went to
the Women & family Shelter....& i was not i contact with him for 2-months but after 2-months i started calling him up as i
wanted to go back but still he was very bossy/commanding ...& after passing
2 1/2 months he told me that it is going to be a divorce if i'll
not come back.....than i was very upset b'coz i didn't know about this
(how it is in our religion) than i called some moulvi & asked him telling him about all my situation
but he told me that if i'll not go back with in
3-months it will automatically be adivorce ...but my
heart wasd clear & my husband also wants me back
....on the last day of completion of my 3rd month i
met my husband & told him that i'll come back but
go for work & stop drinking....than after that we still meeting every week
ends ...now he is working & asking me if i'll
come back he will quit drinking too........but he also told me that we have to
do Nikah & than we can live as a husband &
wife.....as he said that wehn he said 2-times divorce
to me he had no intentions & i also met him on
last day of completion of my 3rd month......but hs is
saying that just to take out from inside we should better do Nikah & also some Moulvi told
him to do so.......
Dear brother i'm really upset &
don't know what to do....as i'm alone here in
I don't have no one in
Awaiting anxiously for your
reply.
Thanks,
Allah hafiz.
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Answer:
Divorce
2 times
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 verse 229: Divorce
may be pronounced twice (by the husband); then either keep the wife with
honor, or let her leave gracefully. And it is not lawful for you to take back
anything out of what you have given them.
There is however, an exception to this; if you fear that they might not be
able to keep within the limits imposed by Allah, there is no harm if both agree mutually that
the wife should obtain divorce by giving something as compensation to the
husband. These are the bounds set by
Allah; therefore
do not violate them! For those who
violate the bounds of Allah are the transgressors.
Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 231: And when
you have divorced your wives and they are about to complete their prescribed
terms, then
either retain them gracefully or release them generously. It is transgression to retain them merely
for harassment. And whoever does that
indeed wrongs his own self! Do not play with Allah’s Commandments, and remember that
Allah has blessed you with a great favor.
He admonishes you to show due respect to the Book and the Wisdom He has
sent to you. Fear Allah and know that
He is fully aware of everything.
Firstly
the divorce ‘iddah’ or waiting period is not
calculated by the lunar or solar calendar months, but rather it is calculated
as three menses periods of the wife after the divorce has been announced. From the contents of your letter it seems
that the ‘iddah’ period after the declaration of the
second divorce has already passed, and thus you and your husband are
technically divorced.
Since two
divorces have already been announced, the husband and wife have one last chance
to re-marry again if they wish to do so; and a brand new nikaah
has to take place for them to get re-married.
If for any reason, the husband announces another divorce after this marriage, that will be counted as the third, final and
irrevocable divorce amongst the couple; after which it would be prohibited for
the couple to re-marry unless the woman marries another husband and the new
husband, of his own free will divorces her, or he dies.
Your
Statement: as i never wanted to break the relation
ship but wanted to teach him a little lesson
Beloved
sister in Islam, the world might consider marriages and divorces in a ‘casual’
and carefree manner; but in Islam the institution and sacred bond of marriage
is taken extremely seriously. One should
not use this most ‘lethal of weapons’ called divorce as a joke or a play; for
it may have extremely serious repercussions in one’s married life!
Sunan of Abu-Dawoo dHadith 2173 Narrated
by Abdullah ibn Umar
The Prophet (saws) said: ‘Of all the lawful acts, the most
detestable to Allah is divorce.’
It is
expected that both the husband and the wife have learnt their lesson that they
should fear Allah Subhanah and not ‘play’ with His
Laws and Guidance to teach other a lesson.
Alhamdolillah, in your particular case only
two divorces were announced, so there is still a chance for the two people who
love each other and wish to remain together, can perform the Nikaah again and remain together as husband and wife.
Whatever
written of Truth and benefit is only due to Allah’s 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
Wister