Muslim Villa

Category 5 => Commentary / Tafsir of specific Quranic Verses or Quran topics with detailed discussions => Topic started by: Ruhi_Rose on March 27, 2018, 08:32:32 pm



Title: Divorced woman cannot remarry previous husband
Post by: Ruhi_Rose on March 27, 2018, 08:32:32 pm


 BismEm


"And if he has divorced her ( irrevocably ), then she is not lawful unto him thereafter until she has wedded another husband.   Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah."   (2:230)  Al-Baqrah.

The Noble Quran has explicitly stated that remarriage of a divorced couple is not permitted, unless the divorced woman gets married to another man and that marriage too ends in a divorce.  She can then consider remarrying her first husband.  The important aspect here is that her second marriage to another man must be a genuine marriage solemnized with the intent of a permanent union between them.  In other words, there is a condition to be fulfilled for divorced couples to remarry and that condition is a matter of chance.  It CANNOT be pre-planned.  If the divorced couple decides upon remarriage and they arrange for a temporary marriage of that woman with another man as a scheme with the intention of him divorcing her after a while, then her remarriage with her former husband cannot be accepted as a legal marriage.  It will be considered zina in accordance with the Law of Allah.

Professor Maududi writes in his commentary of Verse 2:230:
"A believer is NOT allowed to harbor any pre-arranged schemes that a certain man should marry a certain divorced woman with the understanding that he would divorce her again to enable the former husband to remarry his divorced wife.  This shall be an unlawful act and such a marriage shall be no marriage at all but adultery and the woman shall not become the lawful wife of the first husband by such a setup."  - A. A. Maududi.

Last week two sisters at our Muslim community centre said they didn't understand the purpose of this law.  There might be some other Muslims who also think the same.  So let me clarify its purpose here as I explained to them earlier.  It's very simple.   Allah Almighty wants us to know that marriage between a man and a woman is a solemn and serious bond that must be handled with care and respect.  It must never be taken lightly.  Thus, divorce between a man and a woman is a serious decision and a new step in life which must never be influenced by impulsive, emotional or angry behavior nor should one decide in a hurry without carefully considering all pros and cons involved.  For this reason, couples who are separated are given a period of 4 months in separation to coolly and carefully consider the future of their marriage, to rationally decide whether or not divorce is really what they want. "Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful." 2:226 Al-Baqrah"

This Quranic Law which makes it hard for divorced couples to remarry serves the purpose of handling the marriage with a pragmatic approach, with prudence and care.  Marriage is not a joke to play around with nor is it something that can be broken or mended according to one's moods, whims or desires.

It should also be known that whether the final divorce is initiated by the man or the woman makes no difference.  Even if the woman makes a decision to divorce her husband after the 4 month period of separation, she must know she cannot remarry that man unless she is married and divorced a second time involving another man.  Since there can be no setups or schemes to fulfill this condition, therefore when a divorce takes place, the woman has to end her marriage with the assumption that she cannot remarry her former husband.  It is only Allah Who shapes the future of His slaves, and only He knows the future of every individual, no one else.



Related posts:


Divorce in the Noble Quran (http://muslimvilla.smfforfree.com/index.php?topic=2426.0)
Triple divorce law is a wilful misinterpretation by Shariah (http://muslimvilla.smfforfree.com/index.php?topic=2436.msg6804#msg6804)
Source of the misinterpreted triple divorce law (http://muslimvilla.smfforfree.com/index.php?topic=2437.0)




Title: Re: Divorced woman cannot remarry previous husband
Post by: Heba E. Husseyn on March 27, 2018, 09:07:37 pm

 BismEm



"It should also be known that whether the final divorce is initiated by the man or the woman makes no difference.  Even if the woman makes up her mind to divorce her husband after the 4 month period of separation, she must know she cannot remarry that man unless she is married and divorced a second time involving another man." 


Glad you made this point clear too.  Many thoughtless people including Hadithists wrongly presume that Verse 2:226 implies only men are entitled to contemplate upon divorce leading to the 4-month duration for decision.  Of course not true at all.  There's NO such thing as a forced marriage in the Quran.  After reading V.2:226, if you read the following Verse 2:227 "And if they decide upon divorce (let them remember that) Allah is Hearer, Knower."

Note this Verse.  It says "if they decide upon divorce ....."    implies either a mutual decision on divorce or one of them (man or woman) decides upon divorce which the other has to accept and respect, making it a mutual decision.





Title: Re: Divorced woman cannot remarry previous husband
Post by: N. Truth Seeker on March 27, 2018, 09:09:43 pm

Though a very simple point as you stated,  most Muslims don't even seem to know about it, let alone understand it.  It's a very useful and much needed law.  Just look at the world today, what a jest they have made out of the institution of marriage.  Not to mention the raucous hollywooders where it's nothing unusual for same couples to divorce and remarry each other three or four times. 

Very good post Sister Ruhi.   



Title: Re: Divorced woman cannot remarry previous husband
Post by: Zeynab on March 27, 2018, 09:15:42 pm


Thank you much Sister Ruhi.  I hope it serves as a wake up call to the ever slumberous lot.  About a year ago in Pakistan a fellow politician suggested to TI's Imran Khan to remarry his ex-wife, Jemima Goldsmith, so she can also join politics with her husband.  Khan replied to the effect that once he shuts a door, he doesn't wish to reopen it.  Mark the ignorance on both sides.  The friend who made the bizarre suggestion, supposedly a Muslim, apparently has no idea of the Quranic Law.  Neither does Khan know about it.  Apparently neither of the two have read even a single Ayat of the Quran ever in their entire lives and remain ignorant until now as old men and grandfathers.  Khan isn't aware that whether or not he decides to reopen that "door" is insignificant.  A Quranic Law cannot be overruled.  Period.  If he (or anyone) remarries his divorced spouses - who have until now not been married to anyone else - that marriage of his will be void and zina.



Title: Re: Divorced woman cannot remarry previous husband
Post by: Ruhi_Rose on March 27, 2018, 09:22:57 pm


Sis Heba and Br.TS .......  very correct and thanks for the input.   A big thanks to you too Sis Zeynab.  The story you quoted was a very apt example of sheer ignorance.  I also read it probably in Dawn or Pakistan Tribune, cannot recall.  But I read it too; was pretty shocking as it was a stark evidence of the illiteracy of Pakistanis (particularly the repellent politicians and celebrities ), proving that these folks are not practicing Muslims.  In fact, for persons like Khan and his likes, zina is no big sin; and considering the naivety of the Pakistanis embedded in hero-worship, they don't consider acts of zina by their dirty icons to be a violation either.

 


Title: Re: Divorced woman cannot remarry previous husband
Post by: Zeynab on March 27, 2018, 09:24:36 pm


Couldn't agree more Sister Ruhi.