Some Further Clarifications Regarding Divorce
Title: Some Further Clarifications Regarding Divorce Question/Comments: I read your response to my question. I also read your article " Pronunciation of Triple Talaaq at the Same Time ", which you have referred in my response. It clarified the concept which arose my question. But during reading " Pronunciation of Triple Talaaq at the Same Time " another question arose in my mind. Please let me to put it to you. You wrote in your above article: After the declaration of the intention to divorce, the man and the woman shall carry-on living in the same house for a period that covers three menstrual periods of the woman. This period is known as the " iddah ". If during the iddah the woman is found out to be pregnant, the iddah shall then extend to the birth of the child. During the iddah the man shall be responsible for providing for the normal everyday expenses of the wife. Moreover, the man shall also have the right to review his decision of divorce during this period. In case the man decides on withdrawing his decision of divorce, the couple shall be allowed to live together as man and wife. On the other hand, if at the end of the iddah the man is still of the opinion that it is in the best interest of both the parties concerned to live a separate life, he shall then uphold his initial decision -- the Qur'an advises the man that whatever decision he takes at the end of the iddah he should ask two just and honest persons to act as witnesses to his decision. In case the initial decision of divorce is upheld at the end of the period the relationship of man and wife shall now be severed. The woman shall no longer be the wife of the man and vice versa. Both the man and the woman can now marry anyone of their respective choice and if the two want to reunite, they can do so by entering into a new nikah contract. I want to direct your attention to these words: "Both the man and the woman can now marry anyone of their respective choice and if the two want to reunite, they can do so by entering into a new nikah contract." Now if the man and the woman reunite, by entering in a new nikah contract, will they again have the right of "two divorces", mentioned in the verse :"This divorce can be delivered twice. Thus, after these incidents, he is to hold her to himself in a good manner or to free her in the best of ways... ( Al-Baqarah 2: 229) "; or now it will be reduced to one. If you are of the opinion that after second nikah , the above said "two divorces" are reduced to one, please state the reasons. I thank you very much, that you took time to give response. I pray to God that He may give you its reward, Wassalam , Answer: The said provision of the three chances of the declaration of the intention to divorce one's wife is allowed by the Shari`ah in a contract of marriage. In other words, after a marriage contract, if a man decides upon severing his relationship with his wife, he is allowed two chances of declaring his intention and then reviewing and rescinding his declared intention. It automatically follows that if a person divorces his wife for the first or the second time and then during her waiting period (Iddah) does not withdraw his decision, then the man and the woman shall be separated and their previous relationship (of marriage) shall no longer exist. If, after the expiration of the waiting period, both the man and the woman once again want to live their lives as husband and wife, they shall now have to enter into a new marriage contract. This new marriage contract would be no different from any other marriage contract. After this marriage contract, a man would once again have a total of three chances of divorcing his wife, after two of which, the man would be allowed to review and, if he so desires, to rescind his decision of divorce. I hope the above explanation would answer your question adequately. December 11, 2000
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