A Brief Explanation about Divorce in Islam:Revocable divorce is that in which the husband has the right to take the wife back, without a new marriage contract, dowry or consent of the wife. The divorce in which the husband has the right to take the wife back is the first or second divorce, before the iddah ends. But if the iddah of a first or second divorce ends, it becomes irrevocable in a minor sense, and she cannot go back to her husband unless she agrees and there is a new marriage contract and a new dowry. There is no difference of opinion concerning this among the scholars, and the evidence for it is the verse in which Allaah says (interpretation of the meaning): "The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness" [al-Baqarah 2:229]. If a third divorce takes place, she is not permissible for him except after she marries another husband in a genuine marriage, then he divorces her or dies after consummating the marriage with her -- and this is the irrevocable divorce in the major sense. The evidence for that is the following verse in which Allaah says (interpretation of the meaning): "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 Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge" [al-Baqarah 2: 230].
**A thrice-uttered divorce counts as one divorce (It was narrated from Ibn Abbaas (may Allaah be pleased with him) that he said: At the time of the Messenger of Allaah (blessings and peace of Allaah be upon him), Abu Bakr and the first two years of Umar's caliphate, a threefold divorce was counted as one. Narrated by Muslim (1472). )
It is not permissible for you to marry your wife after a third divorce until after she has married another man in a genuine marriage and he leaves her by death or divorce, after consummating the marriage with her.
With regard to nikaah al-tahleel [a sham marriage aimed at making it permissible for the wife to go back to her first husband] which some people do, it is an invalid marriage which does not make it permissible for the woman to go back to her first husband. The Prophet (blessings and peace of Allaah be upon him) cursed those who do that.
I hope this clears up any doubts about divorce in Islam
Seeing that one year has passed since Zain and Aaliya's (divorce?), Zain will have to remarry Aaliya because her 'iddah period has long passed
Edited by SweetFifi - 10 years ago
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