What if wife gets divorce through USA court and husband does not want the divorce and he has not said “Talaq” three time, does it still divorce in Islam? Does re-marriage possible in this case?
Does Islam accept re-marriage to the same spouse after divorce?
Good topic.
Just like a court marriage in the US is not considered a marriage until a nikah is performed in the presence of the required number of witnesses by a Qazi, a divorce wont be valid unless validated by islamic values. I believe the US courts dont have the right to interfere with a religious issue unless physical abuse is involved.
and no, islam doesnt allow remarriage to ur partner after u have divorced. The wife would have to finish her 'iddat', get married to someone else, get a divorce from him, finish her 'iddat', and then be eligible to be remarried to her first husband.
Any reason why, in case of divorce, husband is not asked for 'idaat'? That is, marry another woman, get divorce from her and then marry the first woman again.
Salam masnoon
There might be many reasons for iddah of woman, but apparent reason is, if she is pregnant, pregnancy becomes clear in iddah period ( 4 months and ten days).
One more thing. Nikah is valid ( according to quran + sunnah) if husbad and wife declare themselves as husban and wife in presence of two adult muslim men ( two muslim witnesses). Qazi is not required in Islam.
Thanks abrar, that makes sense.
Now, the other aspect of the situation:
In case of divorce, are both husband and wife (former, after the divorce) required to get married to other woman/man, get divorce again, and then remarry to each other OR it only applies to woman? And the husband does not have to get married to other woman?
[This message has been edited by Roman (edited August 04, 1999).]
Okay.
My question was, if someone got divorce through USA court and then later they both get re-married, does Islam accept this?
And second do husband has to say verbally "Talaq" 3 times for a vaild Islamic divorce?
[This message has been edited by uddas (edited August 04, 1999).]
Uddas no they cannot get married and no the husband does not haev to say "talaq" verbally.
Roman it only applies to the woman.
Hum Sa Ho To Samne Aaye: Any particular reason why?
Roman, Iddat is required of a woman only..the reason for that is that if, just before the divorce, or death of her husband, she had had intimate relations with her husband, there is a chance she might be pregnant. So under shariah, she has to spend at least 3 months alone after her divorce or the death of her husband, cause 3 months are enough to know whether or not you are pregnant. If she isnt pregnant, she is free after 3 months..and if she is pregnant, she continues her iddat till she gives birth. Since men dont get pregnant, they dont have to go through it.
+
Akif: That part of my question was answered by abrar. Thanks for your time in any event. However, I do have a second question concerning the topic. Please read the previous few posts if you are interested.
First of all answer to the original question
Divorce by wife in court...
I asked an scholar, he said it is not valid in Islam. There is permission for wife to take 'Khula'( ask court), but in certain conditions.
For second question.
We need to know type of talaq.
If husbad gave one talaq, he can make 'Rujuu', meaning comeback to his wife and have intercourse. At this they are husbad and wife again. But now husbad have only two more options ( two talaqs) left. If he give remaing two talaqs ( even one at a time). On the completion of third talaq, following answer will apply.
Second if husbad gave three talaqs, they are no more husbad and wife. Wife has to stay in iddah, then marry another man, and if other man divorce his wife (this lady), then first husbad can remarry her. I don't think that husband have to marry another woman in order to remarry his first wife.
All of the above is according to fiqh Hanafi.
Wallahu Alam
Vassalam
Abrar