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:

As-salam Alaykum,

I have a brother who divorced his wife two years ago,but,they want to come back together as husband and wife after two years of separation.When confronted,my brother told me that,there were no witnesses when he pronounced the divorce.Please,can they be together again after that long period of time?Moreso,their marriage has been blessed with two children.

Please,we need urgent answer to this problem,bcos i dont want him to fall into what is not

legislated by ALLAAH(SWT).

wa salam alaykum. 

(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:

Remarry after two years

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.

Your Question: …..Please,can they be together again after that long period of time?

Firstly brother, a witness is not required to establish a divorce in Shariah Law. If your brother declared or pronounced a divorce upon his wife, absolutely regardless of whether or not there were witnesses to the declaration, a divorce will be deemed established in their marriage in the Sight of Allah Subhanah and in the Sight of Shariah Law.

Shariah Law allows for three divorce declarations in any one marriage; the first two divorce declarations of which are revocable; but if one pronounces a third or final declaration of divorce, that would be considered irrevocable.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

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. 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 for the third time) 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.

If your brother declared a (either the first or second) divorce unto his wife, and two (or even twenty or fifty) years have elapsed since the divorce was established, there is allowance in Shariah for the two to remarry again, if indeed both parties wish to do so….but a new ‘nikaah’ with a new ‘mehr’ must be established between the couple.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 232:

232 When ye divorce women and they fulfill the term of their (Iddah) do not prevent them from marrying their (former) husbands if they mutually agree on equitable terms. This instruction is for all amongst you who believe in Allah and the Last Day. That is (the course making for) most virtue and purity amongst you and Allah knows and ye know not.

Thus if your brother had pronounced either the first or the second divorce unto his wife, and two years have elapsed since the divorce was established, the couple are well within their rights in Shariah to remarry each other again, if indeed both parties wish to do so. But if three divorces were established in the marriage, the couple can never ever remarry again unless the wife happens to marry another husband, and her new husband of his own free will happens to divorce her, or he 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