Islamic marriage advice and family advice

Can I re-marry my ex wife?

law fiqh marriage divorce

Assalam-o-Alaikum , I married here in Kenya year 2004 and have 2 sons. I gave third divorce in October 2013 on my wife's demand.
She married a person in Saudi Arabia in June 2014. At the time of marriage, husband was in Saudi Arabia and his brother conducted marriage on behalf of his brother.
Husband told her that he will come in November but did not came. Then he told her, he is coming in January 2015. Again he did not came and told her he will come in July.
She became annoyed and upset because of his false promises. She told husband to divorce her by Email. He sent her divorce on 7th February 2015.

Now my Ex wife want to come back to me. Kindly advise me , if I can remarry her according to Sheriah.

Please note,

(1) My ex wife did not married with second husband with the intention that her husband is a Muhallil . It was a genuine marriage.

(2) As second husband was in Saudi Arabia and she was in Kenya , both of them did not touch / slept , so no sexual intercourse took place.

So in these circumstances ,
can I remarry her.
Jazak Allah kheir and waiting for your answer.

SHAZIM

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5 Responses »

  1. Assalaamu Alaykum,

    It is my understanding that in general, a person cannot marry their ex spouse after the third talaq unless the female sincerely remarries another man, has sexual intercourse with him, and happens to divorce him. The support for this is the hadith which states,

    Narrated by Aisha (radiallaahu `anhaa)
    The wife of Rifa’a Al-Qurazi came to the Prophet (sallallaahu `alayhi wasallam) and said, “I was Rifa’a’s wife, but he divorced me and it was a final irrevocable divorce. Then I married AbdurRahman bin Az-Zubair but he is impotent.” The Prophet (sallallaahu `alayhi wasallam) asked her ‘Do you want to remarry Rifa’a? You cannot unless you had a complete sexual relation with your present husband.” Abu Bakr (radiallaahu `anhu) was sitting with Allah’s Apostle (sallallaahu `alayhi wasallam) and Khalid bin Said bin Al-‘As (radiallaahu `anhu) was at the door waiting to be admitted. He said, “O Abu Bakr! Do you hear what this (woman) is revealing frankly before the Prophet (sallallaahu `alayhi wasallam)?”

    In this example the woman wanted to remarry her ex husband after discovering her current husband is impotent, but she was forbidden to do so until she had COMPLETE sexual relations with her spouse.

    So in your case, it would appear that you would not be able to remarry your ex wife if she has not had intercourse with her saudi husband. And Allah knows best.

    -Amy
    IslamicAnswers.com Editor

  2. my question is still in drafts for weeks? why it is not in the pending list it will be too late 🙁

    • Assalaamualaikam

      As the author, you need to submit your post as pending. It then enters the queue. Editors don't routinely move posts from drafts to pending, as if a post is still in drafts the author may still be working on it. Move your post to pending and include the timeframe for your question in the title.

      Midnightmoon
      IslamicAnswers.com editor

    • I moved it to pending, with a submission date of April 2nd. It will be published in turn, Insha'Allah. Looks like we're still working on posts from late March.

      Wael
      IslamicAnswers.com Editor

  3. thank you so much 🙂

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