saroo
November 9, 2005, 9:36am
8
Re: Is a marriage valid if…
omeriqbal:
Assalamu Alaykum,
It depends on the divorce. If it is first or second divorce, then they can just perform Nikah and the marriage is valid:
“Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that you take from women of that which you have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) God. And if you fear that they may not be able to keep the limits of God, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) God. Transgress them not. For whoso transgresses God’s limits: such are wrong-doers.” (Al-Baqarah 2:229)
If the final divorce has actually taken place, then the following rule applies:
“Then if he divorces her (the third time), then she is not lawful unto him thereafter until she has wedded another husband. Then if he (the other husband) divorces her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of God. These are the limits of God. He manifests them for people who have knowledge.” (Al-Baqarah 2:230)
Of course, when someone marries, the intention must be that of a ‘marriage’. Nikah is to be done with the intention of staying with someone forever.
Hope this help.
Totaly agree thanks for the deails…the reason for imposiong this restriction is to make sure people respect the sanctity of the relationship and not make it a game of it …