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| Swanlake |
Jun 26 2005, 11:07 AM
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#1
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A man divorces his wifw with one talaq. A year or 2 passes and now they want to get back together. Lot of people meddled their realtionship before and as a result the marriage broke down. Now they are citing that they can get back together without the lady marrying another man because people meddled and put bad feeling betwen them. So How can they get back together? |
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| al faqeer |
Jun 26 2005, 12:26 PM
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#2
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ÇáØøóáÇóÞõ ãóÑøóÊóÇäö ÝóÅöãúÓóÇßñ ÈöãóÚúÑõæÝò Ãóæú ÊóÓúÑöíÍñ ÈöÅöÍúÓóÇäò æóáÇó íóÍöáøõ áóßõãú Ãóä ÊóÃúÎõÐõæÇú ãöãøóÇ ÂÊóíúÊõãõæåõäøó ÔóíúÆÇð ÅöáÇøó Ãóä íóÎóÇÝóÇ ÃóáÇøó íõÞöíãóÇ ÍõÏõæÏó Çááøåö ÝóÅöäú ÎöÝúÊõãú ÃóáÇøó íõÞöíãóÇ ÍõÏõæÏó Çááøåö ÝóáÇó ÌõäóÇÍó ÚóáóíúåöãóÇ ÝöíãóÇ ÇÝúÊóÏóÊú Èöåö Êöáúßó ÍõÏõæÏõ Çááøåö ÝóáÇó ÊóÚúÊóÏõæåóÇ æóãóä íóÊóÚóÏøó ÍõÏõæÏó Çááøåö ÝóÃõæúáóÜÆößó åõãõ ÇáÙøóÇáöãõæäó 229 Al Baqara . 229 Divorce is twice, then an honorable keeping or allowed to go with kindness. It is unlawful for you to take from them anything you have given them, unless both fear that they will not be able to keep within the Bounds of Allah; in which case it shall be no offense for either of them if she ransom herself. These are the Bounds of Allah; do not transgress them. Those who transgress the Bounds of Allah are harmdoers. So sis ithey do not need a Muhalil , as there was Only one talaaq . Correct me if I misunderstood the Post . Shukran |
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| Swanlake |
Jun 26 2005, 12:32 PM
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#3
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But i thought that if 3 months passes after 1 talaq and they dont get back together, then she should get married to another in sincerity before they get back together. |
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| al faqeer |
Jun 26 2005, 12:46 PM
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#4
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Yes sorry you are right sis , i think I misunderstood the Q. RULES OF DIVORCE C Islam has vested the right to divorce with the husband only, and not the wife. This is so because of the weak nature and temperamental instability of the wife. However, it appears that even the husbands of today have lost their self-control and stability, hence this spate of divorces in the Muslim community. Lack of such control, erratic mood swings, impulsiveness, anger, etc. are the factors contributing to what Rasoolullah (sallallahu alaihi wasallam) described as one of the signs of qiyamat (i.e. increased divorce rate). Such husbands need spiritual (not marital) counselling and guidance to counter this spiritual deficiency. C As stated above, the wife cannot divorce the husband. C The Arabic for divorce is talaaq. Whether one uses the Arabic word talaaq or the English term divorce, the result is the same. C Divorce in the Shariah is only there to fulfill a need, and that need is to terminate the nikah when it (the marriage) has irretrievably broken down and there is no means of conciliation, and this after all efforts to bring the parties together again have failed. The husband has been made the owner of three talaaq. But this does not mean that he must issue three and only then will the nikah end. Only one talaaq is enough to do the job. Since the purpose of talaaq is to fulfill a need as a last resort, the husband only has to pronounce talaaq once, and the nikah will be over. It is a gross misconception on the part of people to believe that only when three talaaq are issued does the nikah break. After talaaq has been given, the wife must sit in iddat, which is normally three menstruation periods. After this iddat the nikah is over and she may marry another man of her choice. If the husband has issued one or two talaaq, he has the right to take the wife back without making a new nikah while she is still in the iddat mentioned above, irrespective of whether she wants to come back or not. In this particular case the wife has no say at all. The husband may take her back in the iddat by saying verbally: "I have taken my wife back" or by a sexual advance such as kissing or sexual intercourse, etc. It is preferable, not compulsory to say he is taking her back in front of two witnesses. Read here |
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| Swanlake |
Jun 26 2005, 12:57 PM
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#5
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QUOTE(Al Faqeer @ Jun 26 2005, 01:46 PM) If the husband has issued one or two talaaq, he has the right to take the wife back without making a new nikah while she is still in the iddat mentioned above, irrespective of whether she wants to come back or not. In this particular case the wife has no say at all. The husband may take her back in the iddat by saying verbally: "I have taken my wife back" or by a sexual advance such as kissing or sexual intercourse, etc. It is preferable, not compulsory to say he is taking her back in front of two witnesses. Read here (IMG:http://www.gawaher.com/style_emoticons/default/sl.gif) Obviously he cant force her if she doesnt want to come back..surely? But thanks bro al-faqeer for the answer. |
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