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:

SalaamAlaikum Burhan,

I want to know what is the wisdom behind the restriction that after a final divorce the woman must have married another man and got divorced and only then can she marry her first husband again. Lets say a couple get divorced and want to get back together. Would not it be more pure to have a period of time restriction like months or years before they can remarry rather than have the woman marry/sleep with another man to get back together with her first husband?

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Answer:

Wisdom behind irrevocable divorce

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.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 230-231:

230 So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

231 When ye divorce women and they fulfill the term of their (Iddah) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that he wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

In the days of ignorance before Islam, there was no limit to the number of times a husband could divorce and remarry his wife. This situation could lead to a severe abuse of the wife in the marriage whereby the institution of divorce would be reduced to a mockery and a jest, and the husband would divorce his wife whenever he willed and pleased, and revoke the divorce and take the woman back as his wife whenever and however many times he willed and pleased!

Islam guided the believers to the right way of divorce, and to protect the rights and abuse of the woman in the marriage, restricted the number of revocable divorces which can be declared in any one marriage to an absolute maximum of two…..if for any reason whatsoever, the husband chooses to divorce his wife for a third time, that divorce would be considered absolutely irrevocable and it would be absolutely prohibited and unlawful in Shariah for the same couple to remarry again unless the woman ‘perchance’ happens to marry another husband, and her new husband ‘perchance’ happens to divorce her, or he dies.

This restriction of having only two revocable divorce rights in one marriage would enforce that the husband would not abuse his rights to declare a divorce whenever and however many times he willed and pleased….but would think twice and hard before he uttered the detested terms of divorce in the marriage knowing fully well that he has only two revocable divorce rights in his marriage!

Your Question: …..Would not it be more pure to have a period of time restriction like months or years before they can remarry rather than have the woman marry/sleep with another man to get back together with her first husband?

If a husband who has irrevocably divorced his wife, and he (or anyone else) intentionally plans and arranges for another person to temporarily marry his irrevocably divorced wife, only so that the wife can become legal again for the first husband is known as the absolute abomination of ‘halala’ in Islamic Jurisprudence. This intentional plotting and planning for arranging the temporary marriage of an irrevocably divorced wife with another person so that she may become lawful again to her first husband is to make a complete mockery of the Laws and Boundaries of Allah Subahnah, and is absolutely and categorically forbidden in Islam!

It is absolutely impermissible and a grave sin in the Sight of Allah for the believers to plan such a ‘halala’ to intentionally circumvent and make a mockery of the Laws of Allah Subhanah. The Messenger of Allah (saws) invoked the Curse of Allah on the people who practiced ‘halala’ and on those for whom it was practiced.

Sunan of Abu-Dawood Hadith 2071 Narrated by Ali ibn AbuTalib

The Prophet (saws) said: ‘The Curse of Allah be upon the one who marries an (irrevocably) divorced woman with the intention of making her lawful for her former husband, and upon the one for whom she is made lawful!’

If the irrevocably divorced woman ‘perchance’ happens to marry another husband, and her new husband, of his own free will and choice, happens to ‘perchance’ divorce her…..the woman is at liberty to seek to marry anyone she wills, including her first husband.

Your Question: …..Would not it be more pure to have a period of time restriction…….

Respected brother in Islam, the ‘Laws’ of the approved way of life called ‘Al-Islam’ originate from The One Who is the Purest of the pure….and rest absolutely assured brother that each and every Law and Command of Islam without exception is based on the Perfect Knowledge and Absolute Wisdom of the Majestic and Supreme Lord of the Worlds Who Created everything in existence.

A believer is well within his rights to seek, study, contemplate, and strive to search for the wisdom behind the Laws and Commands of Islam so that his heart is convinced and he may follow the guidance with more conviction…..but to even suggest or imply that it might be possible for one in creation to amend, alter, or Allah forbid, improve or ‘purify’ any Law or Command which originates from the ‘Office’ of the Lord of the Magnificent Throne would be nothing short of manifest error, to say the least!

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 36:

It does not behove a believing man and a believing woman that when Allah and His Messenger have given their decision in a matter, they should exercise an option in that matter of theirs. For whoever disobeys Allah and His Messenger, has indeed strayed into manifest error.

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

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