This whole situation worsened so much that she asked for a divorce.
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:
salaamalikum
I have
read quit a lot of your emails regarding divorce, however, I still have a
question to ask. Here is the situation, I was married for nine months, out of
which my wife and I stayed together for about four months. Later on due to some
differences we could not put together and we had verbal arguments from time to
time. Then one day she left on her maternal uncle`s engagement and never came
back. I would call her on several occassions but her parents would interfere
and we never had a chance to settle our differences. This whole situation
worsened so much that she asked for a divorce. I left no chance for
reconciliation but all in vain. I was so fed-up of all this divorce thing that
I filed for divorce in the court of law. She never appeared on the day of
hearing, instead she just signed the papers and faxed the papers to the court.
On this the judge asked me whether I needed a divorce or not. I said yes. Now,
after almost six months I am still unable to forget her, and, honestly I want
to be with her again. I know that the Holy Qura`an reads that once a man
pronounces divorce three times, divorce is final, and the only way to be
together again is if the girl marries someone else and that someone else gives
her a divorce on his own will or he dies. But my question is since I didnot
pronounce divorce three times was it really a divorce?
(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:
Divorce once 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 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 the divorce is
established and you have now used up one of your three rights to divorce in
that marriage.
Since the ‘iddah’ period of divorce which is three
menstrual periods of the wife have already elapsed, you and your wife are now
deemed divorced and the two of you are non-mehrams to each other, and your wife
is free to marry any person she wills and pleases.
It would be absolutely permissible for you to seek to
re-marry your wife in Shariah after your first (or second) 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 wife you 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
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 and
well wisher in Islam,
Burhan
Wister