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:

Alsalam walikoom,

I just want to know if you could remarry my ex-wife?

I got married in 2003 in yemen and i was 21 years old and she was 18 years old. i doverced her in 2005 after i had a baby boy with her. Now i`m still single i never got married with anybody, and she still in her father house she never go married too, i`m thinking if can take her back is it ok in isalm to remarry or she no longer can be my wife again, please let me know, 

(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 ex wife

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.

Shariah Law allows for three divorce declarations in any one marriage, the first two divorce declarations of which are revocable; but if a third divorce is pronounced, 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 only one (or two) divorce was established between you and your wife, regardless of the amount of time which has elapsed, you are well within your rights to propose marriage to your ex-wife. If your ex-wife wishes to accept your proposal for remarriage, she is well within her rights to do so; and if she wishes to reject your proposal, she is well within her rights to do so.

If your ex-wife does accept your proposal for a remarriage, a brand new nikaah with a brand new ‘mehr’ must be established for the remarriage to take place.

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