Check below answers in case you are looking for other related questions:

I DID NOT GIVE DIVORSE TO MY WIFE VERBALLY OR IN WRITTEN, EXACTLY BY FORCED I HAD TO SIGN 2 PAPERS OF KHULAA IN WHICH MY WIFE ASKED ME TO DIVORSE HER

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

MY DEAR MUSLIM BROTHER MR BURHAN,

 

THOUSANDS TIME THANKS FOR YOUR KIND ADVICE.

I AM TOO MUCH PERPLEXED AND DEPRESSED WITH THE SITUATION CREATED UNFORTUN-ATELY BY THE FAMILY OF MY WIFE.

 

I DID NOT GIVE DIVORSE TO MY WIFE VERBALLY OR IN WRITTEN, EXACTLY BY FORCED I HAD TO SIGN 2 PAPERS OF KHULAA IN WHICH MY WIFE ASKED ME TO DIVORSE HER AND SHE FORGAVE THE HAQ – E MEHR. I REPEAT, I SIGNED THOSE PAPERS BECAUSE THERE WAS A FEAR OF BLOODSHED OR ANY OTHER FATAL CONSEQUENCES. THE FAMILY OF MY WIFE BRAIN WASHED HER AGAINST ME AND THE SAME THREAT WAS MADE AGAINST HER.

NOW I REQUEST YOU TO PLEASE VERIFY THE POSITION OF MY NIKAAH ???

 

AN EARLY RESPONSE WILL HIGHLY BE APPRECIATED.

THANKS AGAIN.

 

R. SARKAR AHMED. 

KARACHI -  PAKISTAN

Mobile:  92.0300.3330693

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Signed divorce papers

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Dear and beloved brother in Islam, regardless of whether one declares the terms of divorce verbally, or whether one gives them in writing, or in any other form or manifestation…..a statement of divorce will be treated as serious, and it will be deemed established between the couple in the Sight of Shariah and of Allah Subhanah.

 

Regardless of who brainwashed your wife or why you signed sign the divorce papers, and regardless of whatever made you sign the divorce papers…..since you have agreed in writing (or verbally) to divorce your wife, ONE divorce between you and your wife will be deemed established in the Sight of Shariah Law.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229 A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she (the wife) give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

Dear and beloved brother, Islam has given the husband the option to declare divorce only three times in one marriage; the first two of these three rights are revocable, but if the husband declares divorce upon his wife for the third time, then it is absolutely irrevocable and the couple can never remarry again unless the wife happens to marry another husband….and the new husband of his own free will divorces her, or dies.

 

From what we have been able to understand from your situation is that you have divorced your wife only once, thus regardless of the conditions that might have transpired, ONE divorce is established and you have now used up one of your three rights to divorce in that marriage.

 

It would be absolutely permissible in Shariah for the two of you to seek to re-marry each other again after your first divorce, if both of you are willing to do so…… for the first two divorces in any marriage are revocable. If the ‘iddah’ or waiting period of three menstrual periods after the declaration of divorce have elapsed, you would have to perform a brand new ‘nikaah’ with your wife and fulfill all the obligatory requirements of an Islamic ‘nikaah’ again, which are:

  1. Proposal by one party and acceptance by the other.
  2. Determination of the ‘mehr’ for the bride
  3. Presence of two witnesses to the marriage contract.
  4. Consent of the guardians or ‘wali’ of the bride.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 227-228:

227 But if their intention is firm for divorce, Allah heareth and knoweth all things.

228 Divorced women shall wait concerning themselves for three monthly periods, nor is it lawful for them to hide what Allah hath created in their wombs (pregnancy), if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period (of ‘iddah) if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them and Allah is Exalted in Power, Wise.

 

Thus brother, in conclusion, it would be absolutely permissible for you to seek to re-marry the same woman you have divorced once, provided a brand new ‘nikaah’ between the two of you is performed. What you must know and remember if you remarry the same woman again is that you have now used up one of your three rights to divorce her. If Allah forbid, you were to divorce her for a second time, that divorce can still be legally revoked; but if Allah forbid, you were to pronounce divorce upon her for a third time, then that divorce would be absolutely irrevocable and you could never marry that woman again unless she marries another person and that person divorces her or dies.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


Related Answers:

Recommended answers for you: