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Marriage/Divorce

Question:

Assalamu Alykum, A husband divorced his wife and a few years later they mutually agreed that they would marry again, and until now the lady involved has not married anyone else, so can this man marry his previously divorced wife again?



Answer:


بسم اللہ الرحمن الرحیم


Wa Alykum Assalam, If the aforementioned individual has divorced his wife thrice, then he cannot marry her again until the divorced lady does not marry someone else, then if he [i.e. the second husband] so wishes, he may then divorce her, and then after her observing her ‘Iddah [waiting period], she will hence be free to re-marry. Just as Allāh Almighty states in the Holy Qur’ān,


{فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ}


{If he then divorced her a third time, so she will not be lawful for him now until she lives (as a wife) with another husband}


[Juz 2, Sūrah al-Baqarah 230]


However, if the husband has divorced his wife once or twice, then he may now marry her if he so wishes. However, please bear in mind that he will only be able to further divorce twice or once more respectively.

And Allah knows Best.


Mufti Umer Farooq Saleem

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