I need some clarification.
If someone gets divorced, and want to get re-married to the same man again - do he/she need to marry another man before you can do so? Does the 2nd marriage have to be consummated?
What is the Islamic ruling on that?
Re: getting remarried to the same man
Yes so let's say Hamida and Kareem divorce. A few months later they realize it was a mistake and really want to get married to each other again, Hamida must marry another man, sleep with him, then he needs to divorce her, then after she completes her iddat period, she is free to marry Kareem again. This is halala.
However, you have to be cautious of the "intentions" behind it all. So if you are marrying this other man for the sole purpose of consummating and divorcing, your intentions aren't right. Only Allah can judge whether this will be accepted or not.
Re: getting remarried to the same man
As per some Sunni School of thoughts , that is true for a third divorce , first two times they can shack up without the need of a nikah.
Re: getting remarried to the same man
^that...
the 'halaala' thing is wrong on so many levels..........like u want to get back together...so u sleep around to get that...that is legit only if you marry the 2nd guy with the intention of seeing throough the marriage...and not use this just as a workaround to get back together with the first guy..
Re: getting remarried to the same man
YES, it has to be consummated. these days i see the abuse of this provision which is totally against the Islamic ruling. what they do is arranged a marriage where just nikaah takes place and NO consummation of the marriages happens...this is done sometimes as a favour and sometimes money exchanges hands. they guy divorces the next day. this type of marriage to the ex-husband is a form of deception and hence illegal in Islam and the life living together would be a life living in sin [Haraam].
Re: getting remarried to the same man
"halaala" is not a good thing to do islamically but it is allowed to do.
Re: getting remarried to the same man
it is allowed to do.
you mean marrying a person and doing it with him....without any intention of a proper continued marriage..........just to get back with the 1st guy.......thats allowed?
Re: getting remarried to the same man
"halaala" is not a good thing to do islamically but it is allowed to do.
you are right...isii liye islam meN talaq ko buraa samjhaa jaataa hai HaalaaN k vo jaaiz hai...jald-baazii, Ghusse, nashe, shaitaani Hiraasat meN aa kar yak-musht 3 talaaqeN [talaaq-e-marratai'n] dena nihaayat hii Ghalat hai...Hazrat Umar [r.a.] ne aise logoN ko koRe maarne kaa Hukm diyaa thaa...aajkal afsos k ham talaaq ko ek mazaaq aur aasaan sii shai samajh baiThe haiN aur iskaa naa-jaaiz iste'maal men koi buraaii nahiiN samajhte...yeh zulm hai! talaaq ko 3 Haiz ke beech denaa chaahiye [3 months] so there is a chance for reconciliation. Allah ke qawaaneen meN Hikmat hai, wisdom hai.
Re: getting remarried to the same man
what happens if you don't do the whole halala. In western society you don't have to.
Is you marriage considered null and void from stand point of Islamic law?
Re: getting remarried to the same man
what happens if you don't do the whole halala. In western society you don't have to.
Is you marriage considered null and void from stand point of Islamic law?
**what do you mean by it's NOT done in the western society? u mean by muslims? Islamic Laws are same for everyone everywhere for all the times to come.
yes, if Halaalah is NOT done properly according to Islamic requirements, then the relationship is Haraam according to shari'a code. Halaalah can NOT be pre-arranged in anyone's favour. a free will is needed for the man or the woman to divorce. no money or understanding should be involved.**
Re: getting remarried to the same man
As per some Sunni School of thoughts , that is true for a third divorce , first two times they can shack up without the need of a nikah.
Only if they get back to each other within iddat period. After iddat, they need to do a nikah.
Re: getting remarried to the same man
^ nikkah to each other or someone else?
Re: getting remarried to the same man
**what do you mean by it's NOT done in the western society? u mean by muslims? Islamic Laws are same for everyone everywhere for all the times to come.
yes, if Halaalah is NOT done properly according to Islamic requirements, then the relationship is Haraam according to shari'a code. Halaalah can NOT be pre-arranged in anyone's favour. a free will is needed for the man or the woman to divorce. no money or understanding should be involved.**
I meant that in a western society no one ever would stop them from remarrying each other.
Re: getting remarried to the same man
^ nikkah to each other or someone else?
In case of only 1 or 2 talaqs, if they want to get back within iddat, they dont need to do nikah to each other. If its passed iddat time then they need to do nikah to each other. No halala is required in case of 1 or 2 talaqs
Re: getting remarried to the same man
Re: getting remarried to the same man
I meant that in a western society no one ever would stop them from remarrying each other.
that's a different story...in the west, unless it's against the law, no body will stop anyone from doing anything immoral. it's sad that Law of the Land is more protected than Law of God...it's like saying, if you commit a crime, we'll throw u in jail and if u commit a sin we'll look the other way. Khair...nukta apna apna, Khayaal apnaa apnaa! :)
Re: getting remarried to the same man
you mean marrying a person and doing it with him....without any intention of a proper continued marriage..........just to get back with the 1st guy.......thats allowed?
I know it sounds bad, but it isn't something that's Haram to do. It is very disliked, as if Talaaq - but things happen
Re: getting remarried to the same man
Jami’ Tirmidhi, Chapter : About the Muhil and Muhalal.
Hadith no 1120 : From Abdallah ibn Mas’ud rd who said : “The Prophet saw cursed ( la’ana) the Muhil ( the one who makes halal) and the Muhalal lahu ( for the one it is made halal)”
Also Hazrat Umar (ra) ruled that one who does halla and for whom it is performed should be stoned to death.
In short planning marriage for divorce to get the purpose is haram. Also TLK in his post #14, explained the talaq concept quite well.
Re: getting remarried to the same man
in india/pak too many people think divorce is given three times for it to take effect. we need everyone to know, if they must divorce then (the preffered to Allah ta'ala) talaq is once only
there are some scholars who deem the three talaqs in one sitting as one only so if anyone does find themselves in this situation they need to speak to an alim, theres many complexities of each individual divorce which can effect the outcome.
Re: getting remarried to the same man
talaq is an event....a decision....not just utterance of words........i feel really bad that our molvees make breaking the marriage so easy...and yet there is all that nikahnama and stuff for making a marriage...........