Can a divorced woman marry the same man again?
A Brief Description of the Question:
Can a divorced woman marry the same man again?
The Answer:
Official marriages and divorces are valid. However, for an official marriage to be valid, it is necessary for the marriage to have the conditions that Islam demands for the marriage.
When a man divorces his wife with one or two talaqs, he can marry her again. When three talaqs take place, it is impossible for that man to marry that woman again in terms of religion.
A man who divorces his wife three times before or after applying the court cannot marry her again. It does not matter whether it is possible in terms of laws.
If he has not divorced his wife before or after applying the court, one talaq is regarded to have been used when the judge divorces them since he has given the judge the authority to divorce.
However, he has the right for two more talaqs. Accordingly, there is no objection to them coming together again in terms of the law or the religion. However, since we do not know the type of divorce decreed by the court – that is, whether it is revocable or irrevocable divorce - , it is necessary to renew the contract of marriage if they decide to live together again.
According to Islam, if a man divorces his wife three times, certain conditions are necessary if he wants to marry her again. The woman can marry her husband who divorced her three times only if she marries somebody else first and then divorces normally or if her husband dies.
As there are many wisdoms behind every decree of Islam, there are numerous wisdoms behind this decree about divorcing. One wisdom is that it deters men from divorcing their wives easily with three talaqs and sending them away. This decree may have been imposed in order to deter a man from getting angry with his wife due to a simple thing and divorcing her immediately. The man will know that he will have to bear the consequences if he divorces his wife.
Besides, it is not permissible to carry out a fake marriage by marrying a divorced woman and then divorcing her, which is called hulla.
A man divorces his wife with three talaqs; then, he regrets it and wants to marry her again. However, it is not possible for him to marry her again before she marries another man since he divorced her with three talaqs; so, he carries out the practice of hulla – marrying somebody else and divorcing after a short time. Is it permissible in Islam?
The practice of hulla is not permissible in Islam. He who practices it or makes others practice it is cursed. The Prophet (pbuh) says, "Allah curses the temporary husband and the husband for whom hulla is practiced." (Musnad, Ahmad bin Hanbal)
The following conversation took place between the Prophet (pbuh) and the Companions:
When a man divorces his wife with one or two talaqs, he can marry her again. When three talaqs take place, it is impossible for that man to marry that woman again in terms of religion.
A man who divorces his wife three times before or after applying the court cannot marry her again. It does not matter whether it is possible in terms of laws.
If he has not divorced his wife before or after applying the court, one talaq is regarded to have been used when the judge divorces them since he has given the judge the authority to divorce.
However, he has the right for two more talaqs. Accordingly, there is no objection to them coming together again in terms of the law or the religion. However, since we do not know the type of divorce decreed by the court – that is, whether it is revocable or irrevocable divorce - , it is necessary to renew the contract of marriage if they decide to live together again.
According to Islam, if a man divorces his wife three times, certain conditions are necessary if he wants to marry her again. The woman can marry her husband who divorced her three times only if she marries somebody else first and then divorces normally or if her husband dies.
As there are many wisdoms behind every decree of Islam, there are numerous wisdoms behind this decree about divorcing. One wisdom is that it deters men from divorcing their wives easily with three talaqs and sending them away. This decree may have been imposed in order to deter a man from getting angry with his wife due to a simple thing and divorcing her immediately. The man will know that he will have to bear the consequences if he divorces his wife.
Besides, it is not permissible to carry out a fake marriage by marrying a divorced woman and then divorcing her, which is called hulla.
A man divorces his wife with three talaqs; then, he regrets it and wants to marry her again. However, it is not possible for him to marry her again before she marries another man since he divorced her with three talaqs; so, he carries out the practice of hulla – marrying somebody else and divorcing after a short time. Is it permissible in Islam?
The practice of hulla is not permissible in Islam. He who practices it or makes others practice it is cursed. The Prophet (pbuh) says, "Allah curses the temporary husband and the husband for whom hulla is practiced." (Musnad, Ahmad bin Hanbal)
The following conversation took place between the Prophet (pbuh) and the Companions:
The Prophet (pbuh): - Shall I inform you about the makeshift male goat?
The Companions: -Yes.
The Prophet: -He is the temporary husband. Allah curses the temporary husband and the husband for whom hulla is practiced. (Ibn Majah)
The following is reported from Ibn Masud: The Prophet (pbuh) cursed the temporary husband and the husband for whom hulla is practiced. Although Islam curses hulla, some enemies of Islam try to attribute it to Islam in order to blemish Islam. According to our religion, if a man divorces his wife with three talaqs, he cannot marry her again. However, if the divorced woman marries another man normally and if her husband dies or if they divorce normally because they cannot get along well with each other, then she can marry her previous husband again if they agree. However, it is not permissible to do it in the way that Allah and the Messenger of Allah curse, that is, the way of hulla, by bargaining. The following is stated in the Quran: "So if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her." (al-Baqara, 230)
The Companions: -Yes.
The Prophet: -He is the temporary husband. Allah curses the temporary husband and the husband for whom hulla is practiced. (Ibn Majah)
The following is reported from Ibn Masud: The Prophet (pbuh) cursed the temporary husband and the husband for whom hulla is practiced. Although Islam curses hulla, some enemies of Islam try to attribute it to Islam in order to blemish Islam. According to our religion, if a man divorces his wife with three talaqs, he cannot marry her again. However, if the divorced woman marries another man normally and if her husband dies or if they divorce normally because they cannot get along well with each other, then she can marry her previous husband again if they agree. However, it is not permissible to do it in the way that Allah and the Messenger of Allah curse, that is, the way of hulla, by bargaining. The following is stated in the Quran: "So if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her." (al-Baqara, 230)
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