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Question about divorce

Wa-alaykum as-salamu wa-rahmatullah wa-barakatuh

In the Name of Allah, the All-Merciful, the Mercy-Giving

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

 

Almighty Allah says in the Qur’an what means

“[Pronouncement of] divorce is [revocable] two times. [Each time thereafter, wives are] to be retained, in accordance with what is right, or set free with generous kindness. Moreover, it is not lawful for you to take back anything [in divorce] of what you have given them- unless both have cause to fear  that they will not [be able to] maintain the ordained limits of God [in their settlement]. So, if you [who judge between them have cause to] fear that they will not [be able to] maintain the ordained limits of God, then there shall be no blame on either of them in that which she may compensate [the husband, for her parting]. Thus these are the ordained limits of God, so do not transgress them. For whoever transgresses the ordained limits of God, then it is such as these who are the wrongdoers.But if he duly divorces her [the third time], she is not lawful to him thereafter, until she marries a husband other than him. Then, [should the succeeding husband die, or] should he duly divorce her, then there is no blame on either of them [in the preceding union] if they go back to each other- provided both think they can maintain the ordained limits of God. Thus, these are the ordained limits of God, which He makes clear for a people who would [seek to] know [and fulfill His commandments].” (Al-Baqarah 2:229-230)

So, if the divorce in question is the third one, you can never remarry until you get divorced from another husband. This second husband has to marry you with pure intention of marriage not with the intention of divorcing you to be lawful for the first husband. In other words, the second marriage has to be a normal one. Then if it happens that you get divorced, then you may remarry the first husband.

 

If, however, the divorce in question is the first or the second, then your husband can take you back before the end of the `iddah (waiting period) without a new marriage contract. This revocation of the divorce during the `iddah can be done with any indicative words or acts. Even if the `iddah has ended, you may remarry, but with a new marriage contract.

 

As your question does not show to which scenario your case belongs and as there is other sensitive information needed to have full picture of the situation, we always advise, in cases of divorce, that both spouses should have direct contact to the mufti.  The mufti is always in need for more details in such cases.

 

Almighty Allah knows best.

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

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