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Second Time Nikkah With Same Woman

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mohammad View Drop Down
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    Posted: 05 March 2006 at 6:12am

I am not sure that it is right place for arising this question here or not? But however I hope will find the reply of my question, which I am going to post below.

I have a  simple question that "if a man divorce his wife once & after some time they success to remove there contradictions which was cause this divorce, & they both want to again tie up in the legal relation, how they can. Do they face any penalty / punishment for their earlier act (divorce) or simply they can again marry (Nikkah) to each other.

 

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fatima View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote fatima Quote  Post ReplyReply Direct Link To This Post Posted: 06 March 2006 at 4:06am

Bismillah irrahman irrahim

Assalamu alaikum

I think u need to ask a sheikh about this situation cos there are alot of things a person needs to know b4 telling u ruling on this matter.  like how much time has passed since the first divorce, if it is been within a month then all u need is two witnesses and say that u want to give the marriage another go and khair inshaAllah but if its been more than two months then its total different situation and divorce becomes irrevocable and that muslimah is not halal for u till she is married to another and then is divorced but keeping in mind that u can't have her go through halalah just to get married to u again, islam dont allow that, so u c brother its bit complicated so go to Imam of ur mosque and inshaAllah he will be in better position to advise you. May Allah swt give u help and guide u to right path ameem

wassalam



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rami View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rami Quote  Post ReplyReply Direct Link To This Post Posted: 06 March 2006 at 4:57am
Bi ismillahir rahmanir raheem

assalamu alaikum


The Fiqh of Divorce

Answered by SunniPath Fiqh Q&A Support Team

The Fiqh of Divorce
Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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mohammad View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mohammad Quote  Post ReplyReply Direct Link To This Post Posted: 06 March 2006 at 6:43am

Thanks Br. Rami all of above given references are very informative, & helpful to understand the seriousness of divorce issue and not keeping any stone in case of Divorce. But just i want to know about the termonology of " Halalha" is it allow in Islam which means when one is divorce and if later he wants to re marry with her, for this she must be share the bed at least one night with any other person & then they can take the vows of marry, is it correct way. Is it compulsory for that specific woman, she have to sexual intercouse with the strange person bearing this in mind that only for one night.

What will be the logic behiend of this that if a man divorced her wife, imagine that her wife not did any mistake nor she wanted divorce than why there no punishment for the husband who after the divorced again want to chase her.

 

 

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Alwardah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Alwardah Quote  Post ReplyReply Direct Link To This Post Posted: 06 March 2006 at 8:48am

Wa alaikum Salam

Insha Allah, I think you will find your answer in Surah Baqarah Ayat 228-232.

Jazakallahu Khairan Brother Rami, for these links.

Masha Allah very helpful.

Salams

�Verily your Lord is quick in punishment; yet He is indeed Oft-Forgiving Most Merciful (Surah Al-An�am 6:165)
"Indeed, we belong to Allah and to Him is our return" (Surah Baqarah 2: 155)
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Khadija1021 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Khadija1021 Quote  Post ReplyReply Direct Link To This Post Posted: 07 March 2006 at 1:11pm

Assalamu Alaikum

 

Brother Mohammad, you interpretation of the Islamic law is not right.  You are focusing on the wrong things.  If the husband divorced her, the woman has to marry another in order to, at some time in the future, be considered as legally able to marry with the first husband again.  You need to keep in mind that no marriage which is not consummated is valid.  How can a woman have sexual intercourse with a strange man if he is her husband?  A woman cannot simply remarry so that she can divorce and marry her first husband again.  Once she has married the other man, he is her rightful husband and unless he does something to violate the marriage contract, she has no right to divorce.  I would hate to know that some arrangement was being made to create a Mu�ta type marriage between this woman and a man in hopes that the original husband could remarry her.  If that is the case, the second marriage is not valid and the original husband still would not have a right to remarry her. 

 

Brother Mohammad, if the wife did nothing wrong and she didn�t want the divorce, then why did the brother divorce her?  The fact that this brother is unable to remarry the woman whom he wrongfully divorced in the first place until she has married another and is once again divorced is in a sense a punishment to him.  It is possible that she will remarry and remain with her new husband.  If that happens, the man who originally married her will have to live with the fact that he divorced her when she had done nothing wrong nor wanted the divorce.  But be assured that it is not permissible to simply arrange a one night marriage for your ex-wife as a means to remarry her.  If the man does that, he will be committing a grave sin.

 

Allah Hafiz

Sister Khadija

Say: 'My prayer and my rites, my living and my dying, are for Allah alone, the Lord of all the worlds. (Qur'an, 6:162)
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Abeer23 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Abeer23 Quote  Post ReplyReply Direct Link To This Post Posted: 07 March 2006 at 7:58pm
Originally posted by mohammad mohammad wrote:

I am not sure that it is right place for arising this question here or not? But however I hope will find the reply of my question, which I am going to post below.

I have a  simple question that "if a man divorce his wife once & after some time they success to remove there contradictions which was cause this divorce, & they both want to again tie up in the legal relation, how they can. Do they face any penalty / punishment for their earlier act (divorce) or simply they can again marry (Nikkah) to each other.

I'm lost here.  What do you mean by "punishment."  Divorce is legal in Islam (unless it's done in an illegal manner, like zihar).  And if they've only divorced once before why are you under the impression that she needs to marry another man before she can re-marry him?  

Salam

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mohammad View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mohammad Quote  Post ReplyReply Direct Link To This Post Posted: 08 March 2006 at 6:01am

I wrote in my earlier post

But just I want to know about the terminology of " Halalha" is it allow in Islam which means when one is divorce and if later he wants to re marry with her, for this she must be share the bed at least one night with any other person & then they can take the vows of marry, is it correct way.

Your way of reply:

Brother Mohammad, you interpretation of the Islamic law is not right.  You are focusing on the wrong things.

I would like to say that " Your above mentioned comments are not sharp and you judged my post in wrongly manners, without reading post with its core sense & you passed the above mentioned statement, in turn just I will say that I was not expect the such type of cheaper statement from you specially bearing this in mind that you are now a moderator of this forum. It was never my intention whatever you mentioned. Humbly I would advise you that be cautious in choosing of words, when you move to reply the any post.

On the other hand when you said in your post that "But be assured that it is not permissible to simply arrange a one night marriage for your ex-wife as a means to remarry her.  If the man does that, he will be committing a grave sin"

This was the my query which I was arise in my post, & you have been mentioned your views in this regard as I quoted above, so let me know where was the my wrong interpretation of Islam & where I was focusing the wrong things.

I will be grateful to you if you point out my wrong interpretation & wrongly focusing the things. 

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