. As per Sharia(nizaam-e-mustafa), what are conditions for re-marriage who have divorced to each other due to a fight and/or misunderstanding, and want to go-back to being husband and wife. Does the nikaah have to be performed again? How long can the wife remain separated from the (ex) husband before she can re-marry him? Who calls the shot in this case?
Divorce in Islam
:salam2:
**
[Shakir 65:1]** O Prophet! when you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) Allah, your Lord. Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion.
[Pickthal 65:1] O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord.** Expel them not from their houses nor let them go forth unless they commit open immorality**.** Such are the limits (imposed by) Allah; and whoso transgresseth Allah’s limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass.**
[Yusufali 65:1] O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah: and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
[Shakir 65:2] So when they have reached their prescribed time, then retain them with kindness or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for Allah. With that is admonished he who believes in Allah and the latter day; and whoever is careful of (his duty to) Allah, He will make for him an outlet,
[Pickthal 65:2] Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him,
[Yusufali 65:2] Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms;** and take for witness two persons from among you, endued with justice,** and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
[Shakir 65:3] And give him sustenance from whence he thinks not; and whoever trusts in Allah, He is sufficient for him; surely Allah attains His purpose; Allah indeed has appointed a measure for everything.
[Pickthal 65:3] And will provide for him from (a quarter) whence he hath no expectation. And whosoever putteth his trust in Allah, He will suffice him. Lo! Allah bringeth His command to pass. Allah hath set a measure for all things.
[Yusufali 65:3] And He provides for him from (sources) he never could imagine. And if any one puts his trust in Allah, sufficient is (Allah) for him. For Allah will surely accomplish his purpose: verily, for all things has Allah appointed a due proportion.
**[Shakir 65:4] And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair.
[Pickthal 65:4] And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him.
[Yusufali 65:4] Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.
[Shakir 65:5] That is the command of Allah which He has revealed to you, and whoever is careful of (his duty to) Allah, He will remove from him his evil and give him a big reward.
[Pickthal 65:5] That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him.
[Yusufali 65:5] That is the Command of Allah, which He has sent down to you: and if any one fears Allah, He will remove his ills, from him, and will enlarge his reward.
re: Conditions fo re-marriage in Islam - Divorce in Islam [merged]
& Peace Javedk!
Remarrying Conditions (In Quran & Hadith):
Allah SWT Said! In Surah Al-Baqarah 230
Sahih Bukhari Book Divorce Hadith No. 187 & Hadith No. 190
Two divorces followed by reunion are permissible; the third time the divorce becomes irrevocable until the woman marries some other man and he divorces her. This is to set an almost impossible condition. The lesson is: if a man loves a woman, he should not allow a sudden gust of temper or anger to induce him to take hasty action. What happens after two divorces, if the man takes her back. If the man takes back his wife after two divorces, he must do so only on equitable terms i.e. he must not put pressure on the woman to prejudice her rights in any way, and they must live clean and honourable lives, respecting each other’s personalities. There are here two conditional clauses: (1) when ye divorce women, and (2) when they fulfil their ‘Iddat’: followed by two consequential clauses: (3) take them back on equitable terms, or (4) set them free with kindness.
The first is connected with the third, and the second with the fourth. Therefore if the husband wishes to resume the marital relations he need not to wait “Iddat”. But if he does not so wish, she is free to marry someone else after “Iddat”.
**Sahih Muslim Book of Marriage (Kitab Al-Nikah) Hadit No. 3359 **
[INDENT]**'A’Asha (Allah be pleased with her) reported: A person divorced his wife by three pronouncements; then another person married her and he also divorced her without having sexual intercourse with her. Then the first husband of her intended to remarry her. It was about such a case that Allah’s Messenger (may peace be upon him) was asked, whereupon he said: No, until the second one has tasted her sweetness as the first one had tasted. **
[/INDENT]
**Malik’s Muwatta book Divorce Hadit No. 29.22.68 **
[INDENT]**Yahya related to me from Malik that he heard Ibn Shihab say, “The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth.” Malik said, “This is what is done among us.” **
[/INDENT]
Duration of Iddat (In Quran & Hadith):
Allah SWT Said! In Surah Al-Baqarah 228
**Sahih Bukhari Book wedlcok, Marriage (Nikaah) **Hadit No. 63
Islam tries to maintain the married state as far as possible, especially where children are concerned, but it is against the restriction of the liberty of men and women in such vitally important matters as love and family life. It will check hasty action as far as possible and leave the door to reconciliation open at many stages. Even after divorce a suggestion of reconciliation is made subject to certain precaustions (mentioned in the following verses) against thoughtles action. A period of waiting (Iddat) for three monthly courses in prescribed, in order to see if the marriage conditionally dissolved is likely to result in issue. But this is not necessary where the divorced women is a virgin. It is definitely declared that women and men shall have similar rights against each other.
The differences is economic position between the sexes makes the man’s rights and liabilities a little greater than the woman’s (Surah Al Nisa verses 34) refers to the duty of the man to maintain the woman, and to a certain difference in nature between the sexes. Subject to this, the sexes are on terms of equality in law, and in certain matters the weaker sex is entitled to special protection.
Choosing Partner:
Sahih Bukhari Book Wedlock, Marriage (Nikaah) Hadit No. 27
re: Conditions fo re-marriage in Islam - Divorce in Islam [merged]
Walaikum assalam wa rahmatullah,
I pray that this finds you well, and in the best of health and spirits. Excellent reply. very deep- very thoughtful detailing hadees and al-quran viewpoints. Thank you indeed. Jazak allahu khayran
re: Conditions fo re-marriage in Islam - Divorce in Islam [merged]
