Second marriage with same person after seperation
Assalamualikum, I want to know what are the conditions to marry the same person again? My aunt married and lived with her husband for around 7 years and then my uncle left my aunt and now after 10yrs my uncle want to come back in my aunts life. My aunt got a govt teacher job recently may be thats the reason or he realises his mistake.
He left her due to some fight and he pronounced talaq 3 times on the same day and left. No more further things done that time. Means official talaq or any other thing. So now in my home I heard that to get marry to same person my aunt should marry some other person then take divorce and then marry him(my old uncle) again.
Can someone explain in detail means what I heard if that is correct then what does that mean? Marrying the new other person and taking divorce on the spot or they should stay or they should have some physical relation or what? Please let me know?
Thanks Allahafiz
~Siraj
19 Responses »
Leave a Response
Entries(RSS)
Asalaam alikum,
No, your aunt does not need to re-marry another person or have re-married with sexual relations in order to re-marry your uncle. That rule only comes into play when she has married and divorced the same man three times, which is NOT the case here. She is free to remarry your uncle, if she so chooses.
http://nilmanosh.blogspot.mx/2011/05/divorce-womans-right.html
http://www.legalserviceindia.com/article/l393-Divorce-under-Muslim-Law.html
Shias follow this rule:
Divorce Laws. Shia fiqh in divorce laws (divorce formula must be recited in Arabic, 2 witnesses must be present and the woman must be free from menstruation at the time of divorce). In Sunni fiqh, only the recitation of word Talaq three times is enough and other conditions are not necessary. If a Sunni gives divorce to his wife according to rule of his fiqh, then (according to law of Ilzam), Shia fiqh recognises the divorce as valid and a Shia is allowed to marry such a divorced woman.
Assalam oalykum wr wb.
FIrst and foremost the divorce is not pronounced because saying talaq for 3 times doesn't nullify the marriage unless the iddah period is not said
So as the sister said she is free to marry her husband but with new mahar and new nikah
Salaams,
From what I've seen, there is a split position on whether three talaqs uttered at once count as one divorce, or three divorces which is final. Wael's article "Ruling on Triple Divorce talks about it in more detail: http://www.zawaj.com/tag/divorce/ .
Given this, I think your aunt should consult with her local imam or a scholar before she does anything. I think he would probably be able to guide her better than any advice we could give, and she would also have his support in any decision she made resulting from that information.
-Amy
IslamicAnswers.com Editor
So far everyone has only discussed the technicality of whether the aunt can remarry her ex-husband. But what about the wisdom of it? This is a man who uttered divorce then split, and has been out of her life for ten years. Why does he want her back now? Because she has a good government job? Because he broke up with some other woman? Because he's just lonely?
Your aunt needs to carefully consider whether she is willing to possibly have her heart broken again by a man who is clearly not considerate or trustworthy.
Wael
IslamicAnswers.com Editor
Thanks for response.. i have seen your reply earlier but unable to reply.
Now what i heard that they consult some imam and my uncle ask my aunt to marry some man(old) in little far village and took divorced. And now my aunt is married to my uncle again.
My aunt want to do this so as that thier children will be benifited as my aunt has a son and a daughter both are much grown up and my aunt is thinking of the marriage of the girl child as with no father it will be too diffcult to get rishtay/payams.
For what my uncle came back i dont no. as after marrying again he stayed for month and left again . I think he just came back to see wearther she has some saved money or not, when ask by my aunt to uncle he says he want to take revenge as my aunt filed case againt him long back to give maintaince charges for children.
I dont no what will happen,
i am praying that my aunt should get transfer to hyderabad city .She should leave that near by village of my uncle as its a threat again.
Please remember my aunt and her children in duas .
Allahafiz
Salaam.
Married for 14years. First divorce husband was sleeping and suddenly out of anger said divorce.
We did not wait for three month or informed the court. According to husband we did rujoo.
second time samething happen.
How is this possible
Assalam_u_alayikum..I got married before 4 years n we both love each other still.but due to some missunderstanding n disputes between d family our family members forced us to divorce each other n get seprecated.n humara divorce hogaya from court,n Islamic tarike se bhi n humara divorce ko 3 months hogaye. But we both want to remarry each other as we both love eachother very much... What is d solution to remarry again n plzzz reply me as soon as possible
There is no problem, you can remarry each other. Just have a nikah as you did previously. And next time do not let your relatives coerce you into splitting. Maybe establish some distance from them if their influence is destructive.
Wael
IslamicAnswers.com Editor
You people have no fear Of ALLAH , u are giving the wrong advise. Shame on you's all. You are all shameless. when a man gives 3 talaqs that's over . The only way she can go back to her first husband if she marries another man but it is NOT ALLOWED TO HAVE THAT MARRIAGE PLANNED OR THAT WILL BE ZINA. There is hadith's on this. U can not play with the law of ALLAH.
Maryam, your manners are terrible and your Islamic education is lacking. Educate yourself about the deen before you go criticizing other people.
You can start with this article by Reem Sultan:
Divorce in Islam.
Also read Divorce (Talaaq) and Khula'ah in Islam by Dr. Zulfiqar A. Shah
There is no evidence from sister Saloni's comment that her divorce was a triple talaq or a third talaq. If it was only the first or second talaq then her divorce is revocable and they can remarry.
As for the practice of "triple talaq" it is in fact bid'ah and was condemned by the Prophet (sws). When it is done (in violation of the Sunnah) some scholars hold it to be the same as three divorces, while others consider it only one divorce.
Wael
IslamicAnswers.com Editor
hi i was married to a muslim man for 13 years i recently got divorced. I am not sure really why i divorced him but i really love him and feel i can't live without him, can i remarry him in islam law.
Yes, you can remarry him. In Islam a couple can be divorced twice and still remarry. The third divorce, however, is irrevocable.
Wael
IslamicAnswers.com Editor
Hi thank you so much it would be handy if i could speak to u directly because i have been feeling so upset and it would help me a lot.
I'm sorry I can't offer personal advice by email or phone. You can register and submit your question as a separate post and receive replies from other readers.
Wael
IslamicAnswers.com Editor
Recently got divorced. Twice we verbally and than we had done rujoo but the third was done on papers and signed by both of us and the two witnesses. The third was due to pressure on me and I signed in frustration. I am now in iddah and I m unable to accept this
He also loves me but say it's irrevocable divorce. I m a very ill woman and totally dependent on him. Please tell me is there a way to be reunited with my husband.
I cannot marry anyone else. That option is not possible for me.
I know Allah is merciful and accepts repentance and puts love above everything. I am sure there's a way out without halala...
thanks
Heer, you are irrevocably divorced. You are right, Allah is merciful, and that's why He allows couples to divorce and reconcile twice. Any couple that divorces repeatedly is either not compatible, or is not taking the institution of marriage seriously. If Allah did not place a limit, perhaps you would get divorced 10 times, or 20, turning the marriage into a joke.
What people call "halala" is a sin. It should be called harama. You will not become lawful to your first husband unless you marry another man a TRUE marriage (intending sincerely to stay with him) and he consummates the marriage with you and then he either dies or divorces you in the natural course of events.
Wael
IslamicAnswers.com Editor
it is good if he relised then she should accept his apologize that is very good for her if he is really apologize
In my family i am facing this situation and need some feed back.
girl got nikah with her second cousin and after few months due to some clashes they divorced her, and rukhsati didnt take place. after death of her father famliy again wanted to remarry their son with that girl. divorced was took place by normal court procedure.
what will be the possibilities to remarry that person?
Assalamualikum, I want to know what are the conditions to re-marry the same person again? I have give Talak to my wife and i pronounced talaq 3 times on the same time and left and during her Iddat period i have Rajoo my wife. Can someone explain/guide in detail that my Rajoo is leagal or not. what should i do that time Please let me know?...