Islamic marriage advice and family advice

Halal or Haram? Divorce and Remarry issue.

muslim woman

Assalam o Alikum!

I'm Pakistani

I was in Nikah of my family friend. We were in the same university.

Our marriage is not consummated but as we are in same class so yes we do meet daily but in front of public and friends.We never had any sort of romantic conversation even on phone or either lively. Our relationship was very clean and pious but yeah we were best friends. sort of.

I was on menstruation and asked him for several times to divorce me and we both were in that much anger that he called in i just picked up and he divorced me twice and i hung up without even listening he divorced me thrice or not.He said that he didn't wanted to divorce me but i made him so furious and it was me who asked him to divorce so yeah he did that he did. In reality i never thought he will utter these words i attended call with this intention that i will tell him i don't want divorce.

I came to know through a lot of fatwas that if marriage isn't consummated and we both have never entitled privacy , we both can remarry with a new marriage contract and haq mehar  as he pronounced divorce in separate manners "i divorce you" " i divorce you" and then i threw my phone  away so i didn't even know he divorced me third time or not. I didn't want divorce but i was on my periods i got emotional.

Now the question is that

We remarried in front of two witnesses and a qazi after two months of divorce.

but the haq mehar was the same amount of as it was previously.

i forgave him my previous haq mehar as i don't want want any materialistic things from him. He asked me that how much haq mehar i want this time? i told him the same amount as it was previous as there was no such things in my mind at that time what does new haq mahar means. A new ammount given to the bride or it also have to be incurred or less then previous one.

Our nikah was held again

but there was no paper work as our previous marriage has been already registered in artibution council so everything was written on a simple paper i did aijab o qabool . Qazi didn't ask me to recite kalma this time but he asked him to recite and not even we did signatures because all the paper work has been done previously.

So is my verbal nikah for reconciliation is valid? as it was new nikah but there was no paper work and we decided the same amount of haq mehr as it was before?

i'll be rukhsat in the end of December and i'm still confused is our nikah valid? i'm scared of loosing him.

Binteadam

 

 


Tagged as: , , , , , , ,

5 Responses »

  1. OP: I was on menstruation and asked him for several times to divorce me and we both were in that much anger that he called in i just picked up and he divorced me twice and i hung up without even listening he divorced me thrice or not

    Why did you ask him to divorce? What your being on menstruation has to do with any thing?

  2. Why are you even asking something as personal like this on a forum? You need to speak to a learned scholar not email on this forum as messages how others read can be different to how you intended. Go and get advice and both of you need to stop playing games. Nikah is part of your iman not a joke.

  3. Dear sister
    dont worry
    be happy
    smile
    actually when u were on period & if ur husband divorced u in that time ,the divorce itself is not valid ,,nomatter her uttered 1 or 2 or 3 times ,,,when divorce itself not valid no need of remarriage,,,u r halaal to him

    reference of Fatwa
    ================

    Reference

    https://islamqa.info/en/72417

    72417: Divorce at the time of menses
    On the first day of her menses she forgot to tell her husband, and asked him for a divorce, and the third talaaq was issued. Then she remembered that and told him. What is the shar’i response to that?.
    Published Date: 2005-07-31
    Praise be to Allaah.
    The fuqaha’ differed as to whether the divorce of a menstruating woman counts as such or not. The majority are of the view that it does count as such, but there is a group of ‘ulama’ who say that it does not, and this is the view reflected in the fatwas of many contemporary fuqaha’ such as Shaykh Ibn Baaz (may Allaah have mercy on him) and Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him).

    Shaykh Ibn Baaz (may Allaah have mercy on him) said: Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar (may Allaah be pleased with him). This is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says (interpretation of the meaning):

    “O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ”

    [al-Talaaq 65:1]

    What this means is when they are pure (not menstruating) and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating) and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods. End quote from Fataawa al-Talaaq, p. 44

    It says in Fataawa al-Lajnah al-Daa’imah (20/58): There are several kinds of innovated divorce: where a man divorces his wife during her menses or nifaas, or during a time of purity when he has had intercourse with her. The correct view is that this does not count as a divorce. End quote.

    Based on this, if the divorce was issued at the time of her menses, it does not count and the woman is still married to her husband.

    Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who divorced his wife when she was menstruating but he did not know that she was menstruating – does this divorce count as such?

    He replied:

    The scholars differed concerning a divorce that takes place when a woman has her monthly period, and there was a lengthy discussion as to whether the divorce counts or not. The majority of scholars are of the view that it does count as such and is regarded as a divorce, but the man should be told to take her back and keep her until she has become pure from her menses, then menstruated a second time and become pure. Then if he wishes he may keep her and if he wishes he may divorce her. This is the view of the majority of scholars, include the four imams: Ahmad, al-Shaafa’i, Maalik and Abu Haneefah. But the more correct view in our opinion is that favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), that divorce at the time of menses does not count as such, because it goes against the command of Allaah and His Messenger. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” The evidence concerning this very issue is the hadeeth of ‘Abd-Allaah ibn ‘Umar, when he divorced his wife at the time of her menses. He told the Prophet (peace and blessings of Allaah be upon him) about that and the Messenger of Allaah (peace and blessings of Allaah be upon him) got very angry and said: “Tell him to take her back, then keep her until she has become pure, then menstruated, then become pure, then if he wishes he may keep her after that and if he wishes he may divorce her.” Then the Prophet (peace and blessings of Allaah be upon him) said: “That is the prescribed period at which Allaah has commanded men to divorce women.” The prescribed period at which Allaah has commanded men to divorce women means that a man may only divorce his wife when she is pure (not menstruating) and he has not had intercourse with her. Based on this, if he divorces her when she is menstruating, he has not divorced her in accordance with the command of Allaah, so it is to be rejected. We think that the divorce that has been issued to this woman does not count as such, and that the woman is still married to her husband. It does not matter whether the husband knew that she was menstruating or not menstruating when he issued the divorce. Yes, his knowledge of her condition does not matter, but if he knew about that then he has committed a sin, and the divorce does not count. If he did not know, then the divorce still does not count, but there is no sin on the husband. End quote.

    Fataawa Islamiyyah, 3/268.

  4. Salam Binteadam,

    There is no paperwork necessary since the state still considers you two married. But I would consider you two divorced once if he meant it and this wasn't a joke. Please do not bring up divorce even during your menses or even if you're angry as the consequences can be very severe. He has the right to take you back and he did so now you two are married, I would consider you to as divorced once, I'm not a scholar though.

    http://corpus.quran.com/translation.jsp?chapter=2&verse=228
    Sahih International: Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.

Leave a Response