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Message Icon Topic: Divorce Issues Post Reply Post New Topic
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Nausheen
 
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Quote Nausheen Replybullet Topic: Divorce Issues
    Posted: 02 September 2010 at 8:37pm
To Faisal:
 
You said:
 
>>Salam sister nausheen
 
Thnx for your promt reply
 
If you are from the indian root you must be aware of a movie called Nikah based on this topic of halala,by watching this movie many muslims use to think that such thing really exist.
<<
 
Walaikum assalam wa rahmatullah.
 
I m not sure if I understand fully what you mean.
 
1. A woman is not allowed to marry a man with the intention of getting divorced so she can marry her former husband. This is absolutely true.
 
2. She is not allowed (in very specific conditions) to marry her ex husband. This is also true.
When situtaion 2 exists, ie in conditions when she cannot re-marry her ex, she can still marry other men. When she marries, it should be with the intention of upholding the sacradness of the marriage bond - however, for any reason if her marriage does not work this second time, and she divorces - she can now marry anyone, include her first ex- husband.
 
To illustrate further, condider the following
 
Case A) after the first divorce (the first utterance), when her term if iddah has expiered - She is free to marry anyone. This means ANYONE, ie she can even marry her ex. husband. In other words, if the ex-husband and ex wife want to get together once again, they need a new marraige contract.
 
 
 Case B)
1. She is divorced by one utterance of and her term of iddah has not yet expired. The husband and wife want to get together once again - they can, and they do not need any new marriage contract.
However in this case, mind you she cannot marry any other man till her term of iddah has not expired.
 
 
2. Now, after they get together, they again and problems and things excallate to a second utterance of divorce - she observes her iddah.
Before the term has expired, if they decide to get together, they can, and there is no need of a new marriage contract. However, if the term of iddah has expiried, she is free to marry anyone, including her ex-husband - but they will need a new marriage contract.
 
3. If they got together before her term of iddah had expired a second time, and things did not get normal between them. A third time she is divorced - she again observes her iddah. Before her term expired a third time, he can take her back without the need of any new marraige contract.
However, if her term of iddah expired this third time, they cannot re-marry with a new marraige contract.  Now she can only marry another man.
 
If however her marrage with this another man does not work (if and only if)- and she is divorced, her term of iddah has expiered - she is free to marry anyone - anyone means even her first ex-husband.
 
So you see, her first ex-husband becomes allowed for marriage to her but only after she has had a failed marriage with another man - IN THIS SPECIFIC SITUATION. This does not mean she was 'supposed to marry another man - in-order-to be able to marry her first husband after taking a divorce' - such practice is making a joke of sharia - it is haram.
This ruling however implies that if two people are so impossible with each other that even after three serious chances of trying to live in peace and tranquility all their efforts have failed - islamic sharia forbids them to re-marry a third time! 
 
so what you said is partly correct, but am not sure if I understood you exactly as above. Khair inshAllah.
 
I dont remember the sharia rulings of that movie, it was long ago, i was only a kid - too immature to deduce anything concrete from a movie, so no comments on that.
 
nausheen
 
 
 


Edited by Nausheen - 02 September 2010 at 8:46pm
Wanu nazzilu minal Qurani ma huwa
Shafaa un wa rahmatun lil mo'mineena
wa la yaziduzzalimeena illa khasara.
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fais
 
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Quote fais Replybullet Posted: 27 September 2010 at 1:09am
Salam sister,
 
As per the explaination i heard by Zakir Bhai on peace tv.if a man gives divorce to his wife uttering the word Talaq she is divorced once and even if the term expires she can be back to same husband without any unintentional remarying, this time  new mehar and new nikah,again same thing happened same procedure till the third chance,after the third chance the woman becomes haram on that man un less she unintentionally remarries and for some reason they seperate so she is legally allowed to marry any man including her first husband.
 
what you wrote was correct and could be one opinion by some alim and what i am saying is also correct near to the alim based on which Zakir bhai commented.
 
About that movie it was misuse of sharia law to make a good story.but anyways i just mentioned cause the halala word got so much publicity from that movie among asian urdu speaking people.
 
Regards
Faisal
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