Marriage after Divorce
Question:
A relative of mine took divorce from her husband couple of years back. They have a grown up child. The lady now realises that she had made a mistake and wants to be back with her ex-husband and her son. Can she join her husband by solemnizing the Nikah again. Her ex is also inclined to do that for his son's sake. Can they do that? Please advise. Please send with reference to Hadith or Quran
Jazakallah khair..
Answer:
You have not clarified whether this was her third divorce with that marriage or not. If it was not then she can return to her husband on a new marriage contract. However if this was the third divorce then according to the ruling of the Qur’an she cannot return to her husband. The only way is if she marries another man and then if that man divorces her or dies then she can return to her first husband (third divorce means the husband has pronounced divorce but has returned to his wife during the Iddah – waiting time – and he has done this three times in the same marriage resulting in the divorce taking effect at the third time). Please refer to the Qur’an 2:229, 230.
If there are more details about the case that you think may make the situation more complicated then please let me know.
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Farhad Shafti
August 2013
A relative of mine took divorce from her husband couple of years back. They have a grown up child. The lady now realises that she had made a mistake and wants to be back with her ex-husband and her son. Can she join her husband by solemnizing the Nikah again. Her ex is also inclined to do that for his son's sake. Can they do that? Please advise. Please send with reference to Hadith or Quran
Jazakallah khair..
Answer:
You have not clarified whether this was her third divorce with that marriage or not. If it was not then she can return to her husband on a new marriage contract. However if this was the third divorce then according to the ruling of the Qur’an she cannot return to her husband. The only way is if she marries another man and then if that man divorces her or dies then she can return to her first husband (third divorce means the husband has pronounced divorce but has returned to his wife during the Iddah – waiting time – and he has done this three times in the same marriage resulting in the divorce taking effect at the third time). Please refer to the Qur’an 2:229, 230.
If there are more details about the case that you think may make the situation more complicated then please let me know.
-------------
Farhad Shafti
August 2013
