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RE marriage

Last updated: 26th January 2007
Question ID: #3660
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zood
26th January 2007

 
Assalam-u-Aliekum
Sir, i had divorced my wife but now i have relaized that i cant live without her .We both are ashamed of this act and want to get remarried.Now please sir tell me that what should we do i know that we will have to do Halala but tell me the right way of halala and can it be with Hijra or insane ?
thanks



Answer
In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

Jazakallahu Khayran for your query.

As I understand it, you have issued 3 divorces to your wife, consequently she will be out of your Nikah permanently, and there will be no option of taking her back in her Iddat or re-marrying her directly. When three Talaaqs are issued, in one go, or at intervals, it is known as a Talaaq-e-Mughallazah.

The issue of Halalah which you have mentioned, is described in the Qur'aan as follows:

And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by All‚h. These are the limits of All‚h, which He makes plain for the people who have knowledge.
Surah Al Baqarah - verse 230


it should be borne in mind that the Qur'anic
words..'Then, if he (i.e. the other husband) divorces her, it is
no sin on both of them that they
reunite, refers to the point that the second husband
divorces her according to his free will without it
being stipulated as a condition to him at the time of
marriage.

It should be borne in mind that it is not permissible
for the wife to marry someone else with the specific
condition that he will divorce her immediately
following sexual intercourse. This is extremely sinful
and has been cursed.

Rasulullah Sallallahu Alaihi Wasallam said: "Allah's
curse is on the one who undertakes Halaalah and also
the person for whom the Halaalah was carried out."

In other words, a Halaalah can only take place as a
natural course of events, and to plan or contract a
Halaalah is forbidden.

You ask whether your she can get married to a "hijra" or an "insane" person. As we have already mentioned, a planned or contracted halalah is impermissible, in any case, wouldn't you agree that your ex-wife has been through much heartache in this tumultuous period? Is it really fair for you to even suggest that she marries a eunuch or an insane person, so that she can get re-married to you? Perhaps the understanding here is that then she would not have to have intercourse, but understand that this is an essential part of the Halaalah, merely contracting marriage is not the purpose here, but at least once intercourse must take place necessarily for the Halaalah to be valid.

Allamah Shaami, the erudite Scholar Rahmatullahi Alaih writes: "Halaalah is dependent upon intercourse, and not mere Nikaah." ( quote extracted from The Complete System of Divorce by Mufti Abdul Jaleel Qasmi).

One of the reasons of the Halaalah procedure, is to enjoy intercourse (her sweetness) with the second husband so that the first husband realises the pain of issuing a divorce, to that extent that it may serve as a lesson.

At the end of this discourse, we would like to impress upon the readers, the seriousness of Talaaq, and the effectiveness of the issuance thereof. Just as a person would not shoot bullets without thinking of the consequences, similarly divorce should not be "shot" without pondering the consequences. The damage caused cannot be be retracted, or damage withdrawn. If one had shot and killed a person, and they pleaded with the judge that they did not intend to shoot, or they were angry, or any other excuse, the chances are that they would go down for homicide, or at least manslaughter, but they would not leave scot-free.

"be kind to women-you have rights over your wives, and they have rights over you." He also said, "Treat your women well, and be kind to them, for they are your partners and committed helpers," and at a different time, he said, "The strong man is not the one who can use the force of physical strength, but the one who controls his anger" (Bukhari)

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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Mufti
Answer last updated on:
30th January 2007
Answered by:
Ulamaa ID 03
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