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I want to know If a couple is divorced, later they want to marry again. Is it possible in Islam? If possible, then what are conditions?

  • I want to add that after talaq, the wife was found to be pregnant. Including this condition, what does Islam says?
  • Talaq was given 3 times with adequate time difference.
  • That depends of the kind of divorce if it was a talaq rij'i that's no problem and if the waiting period has not passed even a new nikah wouldn't be necessary – Medi1Saif Nov 24 '15 at 5:41
  • About a year is passed – Umar Farooq Nov 24 '15 at 5:41
  • So if it was rij'i you can marry again, if not you can't get married unless the woman has married somebody else and divorced again and cheating here to get a wife back is AFAIK a sin – Medi1Saif Nov 24 '15 at 5:43
  • In waiting period she was diagnosed pregnant – Umar Farooq Nov 24 '15 at 5:44
  • Well then i would suggest to add these information to the question as this would be a more or less new case – Medi1Saif Nov 24 '15 at 5:45
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Well after reading a couple of fatwa and under the following assumptions:

  • Husband has performed 3 times a single talaq!
  • The Husband didn't know that his wife was pregnant when he performed the 3rd talaq
  • None of the 3 times were during her menses, as if so this (single) talaq would be considered as haram and (apparently) invalid (but for more details see this fatwa)!

then this is a irreversible talaq (because the third divorce is considered permanent no matter what). And her 'idah ends once the wife has given birth to her child. They can't get together unless she marries somebody else and they divorced or she became widow! But i'd recommend to ask a scholars as we don't have enough details and even if so i consider this as a matter for a specialist and with my basic knowledge i wouldn't even think of speaking out any opinion or verdict on this complicated matter!

Here's a basically similar fatwa in Arabic

And Allah knows best!

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if talaq was given 3 times with time after every of them more than "3 periods", nearly more than 3 months, i.e. for example, 1st talaq, 4 months, remarry, 2nd talaq, 4 months, remarry, 3rd talaq, then a year (said in comment), and she did not marry other men between and after these, you cannot remarry her before she marries to another man.

if talaq was given 3 times with waiting time less than "3 periods" after them, for example, 1st talaq, 2 months, taking her back, 2nd talaq, 2 months, taking her back, 3rd talaq, a year - then only 1 full divorce is counted, and you can remarry her, without need for her to marry other man.

proof: https://islam.stackexchange.com/a/32792 .

pregnant woman can be divorced, and waiting term is "until they lay down their burden" , according to quran 65:4 : https://islamqa.info/en/12287 .

  • I think you are wrong: when you say talaq that counts as one talaq no matter if a waiting period has passed and you might need to remarry or not and you can go ahead with the former relationship without remarrying. If you had any evidence to prove this is wrong then I'd be glad to know it! – Medi1Saif Jul 27 '16 at 11:51
  • @Medi1Saif there are proofs in the link: 1) somebody translate "amsikuhunna bimagrufi", in ayats about taking back after term, as "retain them according to acceptable terms". 2) ayats about taking back after waiting term lack the word "their husbands have more right to take them back" which is in ayat about taking back within term. – qdinar Jul 27 '16 at 11:59
  • Read islamqa.info/en/75027 and islamqa.info/en/175184 I'll check tafsir al-Qurtuby also later – Medi1Saif Jul 27 '16 at 12:24
  • "amskikuhuna bim'aruf" means during the period if it ended then a new marriage with a new 'aqd is necessary but that already counts a talaq raj'i if he toke her back before the end of the period and can re-marry her after the end. 2) if the term or period ended then whether she remarries her former husband or somebody else is up to her. As "Muraja'a /turn back" can only be during the waiting period – Medi1Saif Jul 27 '16 at 13:38
  • @Medi1Saif my answer to your 1st comment was wrong, i understood it incorrectly. i see now that you said that i said that both talaq and taking back before or after waiting term of 3 months are counted as 1 talaq. you are wrong. i have not said so. where do you see that? i have written 2 cases, and in both the last talaq was with the term passed, maybe you thought it was with term not passed? it is said in comment that 1 year passed. about first 2 talaqs it is not clear, and i have written 2 cases about them. – qdinar Jul 29 '16 at 14:28

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