Thursday, January 10, 2008

Remarriage of a Divorced Couple


Remarriage of a Divorced Couple


Question
My question is regarding remarriage of a divorced Muslim woman with her former husband. Under what conditions or circumstances is this permitted? Is it possible for her to remarry him without resorting to a 2nd divorce (meaning marrying someone else and divorcing him first)? I would greatly appreciate your guiding me on this.

Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. Responding to the questions you raised, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"After the divorce the wife has to spend some time in `Iddah. If a husband divorced his wife first time, he can take her back and then can resume the married life without any fresh Nikah (marriage contract). He is allowed to do that second time also. If he divorces her second time and then within `Iddah he wants to resume the relationship, he can cancel the second divorce also. Again second time they can also be together without a fresh Nikah. But if he divorced her first time or second time and the women went into `Iddah and then her `Iddah was complete, then she is no more his wife and he cannot go back to her, unless they both agree to marry each other. After two divorces they can remarry if they wish. However, if the husband divorced his wife three times, then he can neither take her back during the `Iddah nor after it, unless she marries someone else and he divorces her and then after `Iddah she wants to return to her previous husband. Allah says in the Qur'an,

"A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. If a husband divorces his wife (third time or irrevocably), he cannot, after that, remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand." (al-Baqarah: 229-230)"