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?
(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:
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
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