Ads by Muslim Ad Network

Divorce

We cannot answer specific, personal questions related to divorce on this forum; they require knowledge of context and details. For these, you need to approach the qualified scholar and imam in your area. And even then the final decision on such matters must be referred to the courts. All that we can do in such forums is  provide you with a general understanding of the issue:

 

For talaq to be valid in Islam, it should be pronounced in a sober state of mind with the deliberate intention.

 

For details you may refer to the following answer by Dr. Muzammil Siddiqi:

 

A husband who wants to divorce his wife should use the words of divorce with full awareness after much thinking and consideration. Using the words of divorce in haste or anger is not right. The proper procedure is to give divorce when a woman is not pregnant and is not going through her monthly menstrual cycle. Divorce can take place by saying one time “I have divorced you” (talluqtuki) or “You are divorced” (anti taliq). After this the women should spend the time of her `iddah. During the period of `iddah the husband can cancel his divorce and can resume the matrimonial relationship, but if it does not happen then the divorce takes effect and at the end of the `iddah period their marriage ends. There is no need to repeat the words of divorce more than once. Even one divorce is sufficient to terminate the relationship.

 

The provision of the second and third divorce is given for a husband who divorces his wife one time and then cancels his divorce, but then after sometime changes his mind and divorces her again second time. Then he changes his mind and resumes the relationship and then again after that he divorces her. The Shari`ah says that now this relationship should end. Marriage is a serious matter. One cannot keep divorcing one’s wife and returning her back.

 

After the third divorce he cannot take her back. The third divorce is called the “irrevocable divorce” (talaqmughallaz). The wife now becomes forbidden to her husband completely. She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her and then after the `iddah she and her previous husband want to remarry. This is called halalah in the language of the Shari`ah. This rule is given by the Shari`ah to reduce the occurrence of three divorces and to protect the honor of the woman.

 

Some people misuse this procedure out of ignorance or willingly. There are some people who think that the divorce (talaq) would not happen unless one makes the statement three times. There are others who repeat the words of divorce for emphasis and have no idea that this could be very serious. The jurists have discussed this issue for the last fourteen hundred years. There were some jurists who took the strict position that three divorces whether uttered at once or separately would be considered as three divorces. According to them, whether a person misused this right knowingly or unknowingly the affect would be the same. If some one uttered the words of divorce three times, then this would be talaqmughallaz and his wife would become totally forbidden for him and they could not reconcile without a halalah. There are, however, some other jurists who emphasize the role of will in marriage and divorce. They say that if the husband used three divorces intentionally as three, then they will be counted as three, but if he repeated the words in anger or to emphasize his point then this is one divorce and he will have the right to resume the relationship with his wife. I feel that the second position is closer to the spirit of the Shari`ah.”[End Quote]

 

After the divorce the wife has to spend some time in `iddah. If a husband divorced his wife first time, he can take her back and then can resume the married life without any fresh nikah (marriage contract). He is allowed to do that second time also. If he divorces her second time and then within `Iddah he wants to resume the relationship, he can cancel the second divorce also. Again second time they can also be together without a fresh Nikah. But if he divorced her first time or second time and the women went into `Iddah and then her `Iddah was complete, then she is no more his wife and he cannot go back to her, unless they both agree to marry each other. After two divorces they can remarry if they wish.

 

However, if the husband divorced his wife three times, then he can neither take her back during the `Iddah nor after it, unless she marries someone else and he divorces her and then after `Iddah she wants to return to her previous husband. Allah says in the Qur’an, “A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. If a husband divorces his wife (third time or irrevocably), 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.” (Al-Baqarah 2:229-230)

 

 Almighty Allah knows best.

Thursday, Jan. 01, 1970 | 00:00 - 00:00 GMT

Session didn't start yet!

Submit Your Question

DISCLAIMER
Views expressed by hosts/guests on this program (live dialogue, Facebook sessions, etc.) are their own and their appearance on the program does not imply an endorsement of them or any entity they represent.