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Marriage Is Irrevocable After Three Divorces

 
Question:

Assalamualaikum, My question is regarding divorce. If it was stated in a state of extreme anger and the idaah period is over are we actually divorced? The idaah period concluded but throughout I wanted to speak with my husband to see if we could meet with an imam for council but he wouldn’t answer any of my communication and relocated to his parents. He has now returned asking to take me back. My family including my wali has stated they do not want to be involved with any future marriages for me. I never felt divorced and only wanted to work out the issue as it is a small one but surrounded by anger. Are we divorced? What to do to rectify?Jazakumallahu khairan for any guidance you can give.

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Anger does not prevent divorce from taking place unless one reaches the extent of losing his mind (not knowing what he is doing or saying). For more benefit, please refer to Fatwa 322960.

Therefore, if your husband divorced you while he was aware of what he was doing and did not lose his mind, then his divorce is effective. Since he did not take you back until your waiting period had expired, then you have become revocably divorced from him.

However, if, with this divorce, he had divorced you three times, then it is not permissible for him to take you back (remarry you) unless you marry another man –a genuine Islamic marriage- which is not done only for the purpose of facilitating your marriage to your previous husband and making it Islamically lawful. If the new husband consummates the marriage with you and then he divorces you or dies, then your previous husband can remarry you after your waiting period expires.

On the other hand, if the divorce is less than three times, then he can take you back with a new contract without you having to marry someone else. It is enough that there is proposal and acceptance between your guardian and your husband in the presence of two witnesses, along with a new dowry that you both agree on.

Your family has no right to prevent you from marrying him without an Islamic justification. Allah Says (what means): {And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.} [Quran 2:232]

Ibn Katheer, may Allaah have mercy on him, said: “`Ali ibn Abu Talhah reported that Ibn `Abbas said, “This verse was revealed about the man who divorces his wife once or twice and her `Iddah (waiting period) finishes. He later decides to take her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her.” [End of quote]

Allah knows best.

 

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