..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
Thankyou!
Regards
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
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 Allah’s 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,
Wister