About divorce
Marriage
Asked on 10th December 2021
Question
Assalam o allikum warahmat ullah
This question is which I am going to ask is everything relate to my future life.i git married in 2011 and we have 2 kids.
My question is that, my family was living here in dubai for start of this year as I have enough salary to take care of my family but suddenly in aplril 2021 I lost my job and I became jobless for this reason I became depressed and giving less time to my wife but in month of June I got new job but in this job my salary was not enough to fulfill our basic necessities.
But i tried somehow after 3 months my wife told me I want divorce and wanted to go back my home country I asked her alot of time to don't take this but she was forcing me alot and she back to home country with the kids , and after reaching there she forced me for divorce and after 1 week I gave her divorce but right now she wants our relation ship back as husband and wife as we both really want to be back as husband wife .
Answer
Wa'alaykumsalaam Wa Rahmatullah Wa Barakaatouh
Apology for the delay in replying -
The main concept of Divorce is a follows
If a man divorces his wife with the first or second talaaq, once her ‘iddah is over she is divorced and becomes a “stranger” (non-mahram) to him; she cannot go back to him except with a new marriage contract which fulfils all the conditions set out in sharee’ah (see Question no. 2127).
But if he divorces his wife with the third talaaq, then she becomes haraam to her first husband until she has married a second husband in a genuine marriage which is consummated. The Qur’aanic evidence for that is the aayah (interpretation of the meaning):
“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness…
And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband”
[al-Baqarah 2:229-230]
So, you may see where you fit - if ever she is in within her 'Iddah period, then you may take her back by just saying 'i take you back'
If ever the 'Iddah is over, which means that the three menstrual cycle is over and you haven't taken her back and it was the first or the second talaaq, then you may take her back by doing a new contract as mentioned above.
If you have given a third Talaaq, then you may not marry her unless she marries someone else and divorce - then she becomes halal for you to propose her again.
Allah knows best
Apology for the delay in replying -
The main concept of Divorce is a follows
If a man divorces his wife with the first or second talaaq, once her ‘iddah is over she is divorced and becomes a “stranger” (non-mahram) to him; she cannot go back to him except with a new marriage contract which fulfils all the conditions set out in sharee’ah (see Question no. 2127).
But if he divorces his wife with the third talaaq, then she becomes haraam to her first husband until she has married a second husband in a genuine marriage which is consummated. The Qur’aanic evidence for that is the aayah (interpretation of the meaning):
“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness…
And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband”
[al-Baqarah 2:229-230]
So, you may see where you fit - if ever she is in within her 'Iddah period, then you may take her back by just saying 'i take you back'
If ever the 'Iddah is over, which means that the three menstrual cycle is over and you haven't taken her back and it was the first or the second talaaq, then you may take her back by doing a new contract as mentioned above.
If you have given a third Talaaq, then you may not marry her unless she marries someone else and divorce - then she becomes halal for you to propose her again.
Allah knows best