Regarding the Concept of a Second or a Third Divorce...
Question
Regarding the Concept of a Second or a Third Divorce... I would like to put forward my confusion about the law of divorce. Nikah is a contract in Islam. Now a contract can only be broken, after it has been established. That is why a man cannot divorce a woman, before they are married. I want to know that why according to ahadith, a man can divorce a woman second and third time, before they are married second time. Our common sense tells us that he can divorce her second time, only after they have contracted second time. It is said that second and third divorce will be effected only when a man has announced three divorces with the intension of three divorces, and not to stress the first divorce. But the question remains that without marrying second and third time, how divorce can be given second and third time. Sincerely, Muhammad Uzair Bhaur, Pakistan Reply To fully understand my response that follows, I would suggest that you take another look at one of my previous responses, in which I have explained the directives of the Qur'an regarding divorce in detail. The referred response is titled "Pronunciation of Triple Talaaq [1] at the same time", and may be accessed at: http://www.understanding-islam.com/rs/s-158.htm . It should be clear from my referred response that the phrase "second talaaq " or "third talaaq ", as is generally used with reference to the directives of the Qur'an regarding divorce, implies the second or the third pronunciation of the intention/decision to divorce. The Shari`ah , as I have explained in my referred response, allows a person to reconcile with his wife, within a stipulated period of time, even after having declared his decision to divorce her. This chance of reconciliation is provided by the Shari`ah twice, after having contracted a marriage. In other words, a person may, taking advantage of the provisions of the Shari`ah , reconcile with his wife after having expressed his decision to divorce her twice, after his marriage. However, if at any time after the first two instances of divorce and reconciliation, a person divorces his wife a third time, he is restricted by the Shari`ah to either reconcile with her or to remarry her. These are the three instances of expressing/declaring the decision of divorce, which are, generally, referred to as the 'first', 'second' or 'third' divorce. In other words, the three divorces referred to in the Muslim literature (including some of the narratives ascribed to the Prophet) are actually the three chances to divorce after ONE contract of marriage. They do not imply a divorce to a marriage, which has not yet been contracted. I hope this helps. Regards, Moiz Amjad , Otherwise you may simply Close this Window [1] 'Talaaq' is an Arabic word for divorce.
Answer
Regarding the Concept of a Second or a Third Divorce... I would like to put forward my confusion about the law of divorce. Nikah is a contract in Islam. Now a contract can only be broken, after it has been established. That is why a man cannot divorce a woman, before they are married. I want to know that why according to ahadith, a man can divorce a woman second and third time, before they are married second time. Our common sense tells us that he can divorce her second time, only after they have contracted second time. It is said that second and third divorce will be effected only when a man has announced three divorces with the intension of three divorces, and not to stress the first divorce. But the question remains that without marrying second and third time, how divorce can be given second and third time. Sincerely, Muhammad Uzair Bhaur, Pakistan Reply To fully understand my response that follows, I would suggest that you take another look at one of my previous responses, in which I have explained the directives of the Qur'an regarding divorce in detail. The referred response is titled "Pronunciation of Triple Talaaq [1] at the same time", and may be accessed at: http://www.understanding-islam.com/rs/s-158.htm . It should be clear from my referred response that the phrase "second talaaq " or "third talaaq ", as is generally used with reference to the directives of the Qur'an regarding divorce, implies the second or the third pronunciation of the intention/decision to divorce. The Shari`ah , as I have explained in my referred response, allows a person to reconcile with his wife, within a stipulated period of time, even after having declared his decision to divorce her. This chance of reconciliation is provided by the Shari`ah twice, after having contracted a marriage. In other words, a person may, taking advantage of the provisions of the Shari`ah , reconcile with his wife after having expressed his decision to divorce her twice, after his marriage. However, if at any time after the first two instances of divorce and reconciliation, a person divorces his wife a third time, he is restricted by the Shari`ah to either reconcile with her or to remarry her. These are the three instances of expressing/declaring the decision of divorce, which are, generally, referred to as the 'first', 'second' or 'third' divorce. In other words, the three divorces referred to in the Muslim literature (including some of the narratives ascribed to the Prophet) are actually the three chances to divorce after ONE contract of marriage. They do not imply a divorce to a marriage, which has not yet been contracted. I hope this helps. Regards, Moiz Amjad , Otherwise you may simply Close this Window [1] 'Talaaq' is an Arabic word for divorce.
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