Ans:
PROCEDURE:
DIVORCE SHOULD NOT BE GIVEN DURING THE MENSES:
It says in Fataawa al-Lajnah al-Daa’imah (20/58): Innovated divorces are of several kinds, including: when a man divorces his wife at the time of menses, nifaas or in a period of purity (i.e., not menstruating) when he has had intercourse with her. The correct view is that this does not count as divorce. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Allaah has prescribed that women are to be divorced when they are pure and free of nifaas or menses, and when the husband has not had intercourse with them. This is the shar’i divorce. If he divorces her during menses or nifaas or during a period of purity when he has had intercourse with her, then this is an innovated divorce, and it does not count as such according to the correct scholarly opinion, because Allaah says (interpretation of the meaning):
“O Prophet When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods)”
[Al-Qur’an Ch 65:1].
Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
[Al-Qur’an Ch 65:2].
What is meant is when they are in a state of purity and the husband had not had intercourse with them. This is what the scholars said concerning divorcing them at their ‘iddah (prescribed periods): they should be pure and not have had intercourse or be pregnant. This is divorcing them at their ‘iddah (prescribed periods).
SAYING THREE TIMES “ YOU ARE DIVORCE , YOU ARE DIVORCE , YOU ARE DIVORCE COUNT AS ONE ONLY
If a man says to his wife, “You are divorced, you are divorced, you are divorced,” it counts as three divorces according to the majority of scholars. But if he intended the second and third times as emphasis for the first, then it counts as one divorce.
Some of the good scholars regarded his saying “You are divorced, you are divorced, you are divorced” as being like saying “You are thrice divorced” and it only counts as one divorce.
AUTHENTIC METHOD OF DIVORCE:
Interpretation:
Above given the opinion of the different Scholars but the most Authentic is Talaaq-e- Hasan
Each single divorce period is Three month according to the Qur’an and hadith.
Procedure and various condition has been lay down
[Note: for more detail on methods of Talaaq see Question no 45 :]
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (Very lightly(like: with miswak) as symbolic beating ); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).
[Al-Qur’an ch 4 Verses 34]
If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers;
[Al-Qur’anch4Verse35]
Divorced women shall wait concerning themselves for three monthly periods.
[Al-Qur’anch2Verse228]
FIRST DIVORCE:
DISPUITES RAISED
After marrying if the dispute raised between them the procedure as follow:
[Note: for more detail on methods of Talaaq see Q: 45]
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Still the things not settle down peacefully between them then as a last resort
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then first divorce is complete , both of them got separated , If later they realized that they did the mistake, if they want to marry again they can marry again .
“Do not prevent them marrying their previous partner”
[Al-Qur’an ch 2 Verses 232]
SECOND TIME DIVORCE
2) After first divorce, if they want to marry again they can but. New marriage contract, New MAHR. MEHER:Marital gift in cash given at that time to bride on marriage or later can be given, should be fixedat the time of the marriage. Meher is compulsory to simonized the marriage.
Note: No require of third person or party for marring the pervious partner: seen part “B” Q 44.
Note: for more detail on methods of Talaaq see Q: 45
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous.
RECONCILIATION
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then second divorce is complete , both of them got separated later they realized that they did the mistake if they want to marry again they can marry again .
THIRD TIME DIVORCE
3) Even third time is the same after Second divorce, if they want to marry again they can but. New marriage contract, New MEHER(Marital gift in cash given at that time or later can be given to bride on marriage its compulsory to simonized the marriage ).
Note: No require of third person or party for marring the pervious partner: seen part “B”.
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous .
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If the wife and husband return within the three month , then there is no divorce, if they won’t return back then the third divorce is complete , both of them got separated later they realized that they did the mistake if they want to marry again they can’t.
NOW THREE DIVORCE IS COMPLETED
4) Fourth time if they want to marry again, then she can’t marry unless she marry the another person and take divorce from him. Because Islam given a very high priority to the Marriage and given various conditions for the divorce, it’s not like a toy game, marry and divorce, marry and divorce, marry and divorce …
WHY?
After three divorces, they not allowed to marry their previous partner .Why?
After the three divorce she should marry to another person, not like planning some people do that I will spend with you one night and two night then I will give you divorce then marry previous partner its absolutely harram Zina(Adultery) details discuss below. When she marry the another person, if she satisfied with her second partner no problem but if She realized that second partner (husband) not fine then first ex-Husband. The first (ex-Husband) one was more take caring of me then present husband. If she want to take divorce from him, same procedure of divorce and if she want to marry her first ex-husband and he (ex-Husband) too agree then it’s allowed or she can marry any another Muslim Man. And I not come across in my whole life have seen that someone given three times divorce according to Islamic methods and fall in such situations to marry fourth time. First time or second time is the last.
PART “B”
TAHLEEL MARRIAGE (HALALA) IS HARAAM AND INVALID
If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because 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”
[Al-Qur’an ch 2 Verses 230]
It is stipulated that this marriage which will make her permissible for her first husband should be a valid marriage. Temporary marriage (mut’ah marriage) or marriage for the purpose of making her permissible for her first husband then divorcing her (tahleel marriage) are both haraam and invalid according to the vast majority of scholars, and it does not make the woman permissible for her first husband.
See: al-Mughni (10/49-55).
There are saheeh ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) which show that tahleel marriage is haraam.
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani in Sunan Abi Dawood.
The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.
Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah.
‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”
This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.
Al-Haakim narrated from Naafi’ that a man said to Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina. And he said: They will still be adulterers, even if they remain for twenty years.
Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed.
Based on that, it is not permissible for you to marry this woman if you intend thereby to make her permissible for her first husband. Doing that is a major sin, and the marriage will not be valid, rather it is zina – Allaah forbid.
It says in Fataawa al-Lajnah al-Daa’imah (20/58): Innovated divorces are of several kinds, including: when a man divorces his wife at the time of menses, nifaas or in a period of purity (i.e., not menstruating) when he has had intercourse with her. The correct view is that this does not count as divorce. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Allaah has prescribed that women are to be divorced when they are pure and free of nifaas or menses, and when the husband has not had intercourse with them. This is the shar’i divorce. If he divorces her during menses or nifaas or during a period of purity when he has had intercourse with her, then this is an innovated divorce, and it does not count as such according to the correct scholarly opinion, because Allaah says (interpretation of the meaning):
“O Prophet When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods)”
[Al-Qur’an Ch 65:1].
Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
[Al-Qur’an Ch 65:2].
What is meant is when they are in a state of purity and the husband had not had intercourse with them. This is what the scholars said concerning divorcing them at their ‘iddah (prescribed periods): they should be pure and not have had intercourse or be pregnant. This is divorcing them at their ‘iddah (prescribed periods).
SAYING THREE TIMES “ YOU ARE DIVORCE , YOU ARE DIVORCE , YOU ARE DIVORCE COUNT AS ONE ONLY
If a man says to his wife, “You are divorced, you are divorced, you are divorced,” it counts as three divorces according to the majority of scholars. But if he intended the second and third times as emphasis for the first, then it counts as one divorce.
Some of the good scholars regarded his saying “You are divorced, you are divorced, you are divorced” as being like saying “You are thrice divorced” and it only counts as one divorce.
AUTHENTIC METHOD OF DIVORCE:
Interpretation:
Above given the opinion of the different Scholars but the most Authentic is Talaaq-e- Hasan
Each single divorce period is Three month according to the Qur’an and hadith.
Procedure and various condition has been lay down
[Note: for more detail on methods of Talaaq see Question no 45 :]
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (Very lightly(like: with miswak) as symbolic beating ); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).
[Al-Qur’an ch 4 Verses 34]
If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers;
[Al-Qur’anch4Verse35]
Divorced women shall wait concerning themselves for three monthly periods.
[Al-Qur’anch2Verse228]
FIRST DIVORCE:
DISPUITES RAISED
After marrying if the dispute raised between them the procedure as follow:
[Note: for more detail on methods of Talaaq see Q: 45]
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Still the things not settle down peacefully between them then as a last resort
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then first divorce is complete , both of them got separated , If later they realized that they did the mistake, if they want to marry again they can marry again .
“Do not prevent them marrying their previous partner”
[Al-Qur’an ch 2 Verses 232]
SECOND TIME DIVORCE
2) After first divorce, if they want to marry again they can but. New marriage contract, New MAHR. MEHER:Marital gift in cash given at that time to bride on marriage or later can be given, should be fixedat the time of the marriage. Meher is compulsory to simonized the marriage.
Note: No require of third person or party for marring the pervious partner: seen part “B” Q 44.
Note: for more detail on methods of Talaaq see Q: 45
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous.
RECONCILIATION
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then second divorce is complete , both of them got separated later they realized that they did the mistake if they want to marry again they can marry again .
THIRD TIME DIVORCE
3) Even third time is the same after Second divorce, if they want to marry again they can but. New marriage contract, New MEHER(Marital gift in cash given at that time or later can be given to bride on marriage its compulsory to simonized the marriage ).
Note: No require of third person or party for marring the pervious partner: seen part “B”.
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous .
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If the wife and husband return within the three month , then there is no divorce, if they won’t return back then the third divorce is complete , both of them got separated later they realized that they did the mistake if they want to marry again they can’t.
NOW THREE DIVORCE IS COMPLETED
4) Fourth time if they want to marry again, then she can’t marry unless she marry the another person and take divorce from him. Because Islam given a very high priority to the Marriage and given various conditions for the divorce, it’s not like a toy game, marry and divorce, marry and divorce, marry and divorce …
WHY?
After three divorces, they not allowed to marry their previous partner .Why?
After the three divorce she should marry to another person, not like planning some people do that I will spend with you one night and two night then I will give you divorce then marry previous partner its absolutely harram Zina(Adultery) details discuss below. When she marry the another person, if she satisfied with her second partner no problem but if She realized that second partner (husband) not fine then first ex-Husband. The first (ex-Husband) one was more take caring of me then present husband. If she want to take divorce from him, same procedure of divorce and if she want to marry her first ex-husband and he (ex-Husband) too agree then it’s allowed or she can marry any another Muslim Man. And I not come across in my whole life have seen that someone given three times divorce according to Islamic methods and fall in such situations to marry fourth time. First time or second time is the last.
PART “B”
TAHLEEL MARRIAGE (HALALA) IS HARAAM AND INVALID
If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because 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”
[Al-Qur’an ch 2 Verses 230]
It is stipulated that this marriage which will make her permissible for her first husband should be a valid marriage. Temporary marriage (mut’ah marriage) or marriage for the purpose of making her permissible for her first husband then divorcing her (tahleel marriage) are both haraam and invalid according to the vast majority of scholars, and it does not make the woman permissible for her first husband.
See: al-Mughni (10/49-55).
There are saheeh ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) which show that tahleel marriage is haraam.
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani in Sunan Abi Dawood.
The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.
Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah.
‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”
This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.
Al-Haakim narrated from Naafi’ that a man said to Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina. And he said: They will still be adulterers, even if they remain for twenty years.
Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed.
Based on that, it is not permissible for you to marry this woman if you intend thereby to make her permissible for her first husband. Doing that is a major sin, and the marriage will not be valid, rather it is zina – Allaah forbid.
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