Remarry ex wife.
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:
Alsalam walikoom,
I just want to know if you could remarry my ex-wife?
I got married in 2003 in
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Answer:
Remarry ex wife
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.
Shariah Law allows for three
divorce declarations in any one marriage, the first two divorce declarations of
which are revocable; but if a third divorce is pronounced, that would be
considered irrevocable.
Allah Says in the Holy
Quran Chapter 2 Surah Baqarah verses 229-230:
229 A 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 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).
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.
If only one (or two) divorce was
established between you and your wife, regardless of the amount of time which
has elapsed, you are well within your rights to propose marriage to your
ex-wife. If your ex-wife wishes to
accept your proposal for remarriage, she is well within her rights to do so;
and if she wishes to reject your proposal, she is well within her rights to do
so.
If your ex-wife does accept your
proposal for a remarriage, a brand new nikaah with a brand new ‘mehr’ must be
established for the remarriage to take place.
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
Wister