Are they still married?

Re: Are they still married?

I saw this fatwa on Amir Liaquat's show once that if husband has not pronounced Talaaq and wife has taken Khula through court and now they want to be married again they can re-marry without halala because the divorce was granted via court .

Applying the same principle on your friend's situation I think she can remarry him without halala as henever gave talaaq to her.

But it's better to ask a religious scholar for this.

Re: Are they still married?

^now thats totally new :eek: it should be discussed seperately!! :hmmm:

Re: Are they still married?

yes even I found it very shocking but this fatwa was given during the Ramazan transmission and was asked by someone from the audience.

Re: Are they still married?

This is wrong on so many levels Diamond ... Amir liaqat doesnt have any scholarly standing.
And halala is a must after divorce , no matter what the situation is.

I understand that some fikka's might have differences in opinion on single divorce or three time divorce issue .. but Halala is something which is an absolute must before any remarriage occurs.

Re: Are they still married?

Haalala is same as Mutah , if you agree with one , you shouldnt have problem with other :)

Re: Are they still married?

Naabigh, you are absolutely mistaken. Halala has no comparison what so ever with Mutaa.

Mutaa is a time based nikkah that mostly Shia's follow. i dont even think there is any existance of this sort in the Sunni faith.

Halala is a totally different concept that does not promise that the man will be able to get married once again to his previous wife. Only if the woman gets divorced out of natural reasons can she remarry her first husband.

Honest advise, dont believe in everything that the culture twists and presents before you !

Re: Are they still married?

One simple question , if it aint done with the intention of getting divorce , then when it is called Halala ?

Re: Are they still married?

As a gesture of serving humanity, I offer my services if anyone needs a 'halala' husband. This offer is purely for social service.

:P

About OP, I don't think there are many people on GS qualified to answer that.

Re: Are they still married?

Naabigh, I am sorry my language barrier isnt helping me much to understand the exact meaning of the word Halala ...

But one thing is for sure and has been told to us clearly that marrying with the intention to get divorced so that you can marry your previous partner is not acceptable in Islam. Divorce is extremely disliked in Islam and should only be carried out if there is no other way of carrying forward a relationship. Therefore if a woman marries a man with intention to divorce , then it is not considered Halala.

This marriage with intention to divorce is a farce that has entered the Islamic society. Perfect example of how people use religion to their benefit without realizing what the religion is actually telling them. They might as well just start living together without a remarriage , why try to justify their act through haraam means..

One more thing, since Divorce is much of a disliked act in Islam, hence in several places Men have been asked to remain so so so careful that not even in bad humour should they use the word Divorce against their wife .. but once they have decided to let go of their wife , in anger or a hasty decision , then they have to pay for their deed. At the end of the day , Islam gives immense value to a spouses self respect. The woman will move on and get married to start a new life with full intention to fulfil her responsibilities towards her new home and her new husband and live a happy, content life.

If a man regrets having divorced her and no matter how much he wants her back , this can only happen if that lady gets divorced in natural circumstances and not planned ones.

Re: Are they still married?

Amir Liaquat didn't gave fatwa a maulvi sahab did.

I am not favoring this fatwa I have just quoted it.

Re: Are they still married?

Unfortunately you can find fatwas for pretty much every opinion on every topic these days. I honestly don't know what the right answer is in this particular situation.

What I do know however is, that Niyya plays a very big role in Islam. At the time the UK court divorce was filed, the Niyya must have been to separate. Whether a Maulvi or someone else was present when that intention was articulated shouldn't really matter. So I would consider this as having formally stated the intention to divorce ONCE. Now there is this provision of formally saying it three times, which I don't think has been met.

So I'm not really sure about this but I think from an Islamic point of view they might still be married.

Re: Are they still married?

Thanks Diamond… I watched a few shows of Amir liakat and realised pretty much most of the people he’s calling as molvi’s are nothing but drama :hinna:

Presenting a twisted image of our beautiful religion Islam.. is ko and is kai molvi’s ko Allah hi poochai ga ..

you can tell , I dislike him immensely :cb:

Re: Are they still married?

Umer , I found out that the couple reached out to two molvi's in the UK and both gave contradictory replies to them. So now someone has asked them to consult a certain Sheikh of senior authority in Saudi who will be able to guide them better .

Waise after reading some more ahadith on this topic, I agree to what you are saying .. the court proceedings very much follow the procedure that could lead to One divorce and not three all together ..

Lets see what these guys find out ..

Re: Are they still married?

How about using some logic. Can she marry another guy now that she has the British divorce, if yeah then it's equivalent to an Islamic Talaq. And as far as Khulas go women remarry after them so they must hold some religious value.

Re: Are they still married?

My cousin who resides in the UK had a divorce through the British court system. He was told that it was equal to 1 talaq. Both husband and wife wanted to get back together. They did, but again it did not work out, and they Islamically 'divorced' six months later.

Re: Are they still married?

listen.. i have not read all posts but they divorced ONCE and the iddat time passes but they want to get back together they CAN just do nikah ,,, no halala needed. if they divorce second time and iddat passes they can again do nikah without halala.. if they divorce 3rd time then then there is no direct way to marry.. unless woman gets married with someone else and divorce.. OMG ...so what i read from 1st post they shd be able to do nikah no problem .. ALlah knows best