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I want to know If a couple is divorced, later they want to marry again. Is it possible in Islam? If possible, then what are conditions?

  • I want to add that after talaq, the wife was found to be pregnant. Including this condition, what does Islam says?
  • Talaq was given 3 times with adequate time difference.
Rebecca J. Stones
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Umar Farooq
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2 Answers2

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Well after reading a couple of fatwa and under the following assumptions:

  • Husband has performed 3 times a single talaq!
  • The Husband didn't know that his wife was pregnant when he performed the 3rd talaq
  • None of the 3 times were during her menses, as if so this (single) talaq would be considered as haram and (apparently) invalid (but for more details see this fatwa)!

then this is a irreversible talaq (because the third divorce is considered permanent no matter what). And her 'idah ends once the wife has given birth to her child. They can't get together unless she marries somebody else and they divorced or she became widow! But i'd recommend to ask a scholars as we don't have enough details and even if so i consider this as a matter for a specialist and with my basic knowledge i wouldn't even think of speaking out any opinion or verdict on this complicated matter!

Here's a basically similar fatwa in Arabic

And Allah knows best!

Medi1Saif
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if talaq was given 3 times with time after every of them more than "3 periods", nearly more than 3 months, i.e. for example, 1st talaq, 4 months, remarry, 2nd talaq, 4 months, remarry, 3rd talaq, then a year (said in comment), and she did not marry other men between and after these, you cannot remarry her before she marries to another man.

if talaq was given 3 times with waiting time less than "3 periods" after them, for example, 1st talaq, 2 months, taking her back, 2nd talaq, 2 months, taking her back, 3rd talaq, a year - then only 1 full divorce is counted, and you can remarry her, without need for her to marry other man.

proof: https://islam.stackexchange.com/a/32792 .

pregnant woman can be divorced, and waiting term is "until they lay down their burden" , according to quran 65:4 : https://islamqa.info/en/12287 .

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qdinar
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  • I think you are wrong: when you say talaq that counts as one talaq no matter if a waiting period has passed and you might need to remarry or not and you can go ahead with the former relationship without remarrying. If you had any evidence to prove this is wrong then I'd be glad to know it! – Medi1Saif Jul 27 '16 at 11:51
  • @Medi1Saif there are proofs in the link: 1) somebody translate "amsikuhunna bimagrufi", in ayats about taking back after term, as "retain them according to acceptable terms". 2) ayats about taking back after waiting term lack the word "their husbands have more right to take them back" which is in ayat about taking back within term. – qdinar Jul 27 '16 at 11:59
  • Read https://islamqa.info/en/75027 and https://islamqa.info/en/175184 I'll check tafsir al-Qurtuby also later – Medi1Saif Jul 27 '16 at 12:24
  • "amskikuhuna bim'aruf" means during the period if it ended then a new marriage with a new 'aqd is necessary but that already counts a talaq raj'i if he toke her back before the end of the period and can re-marry her after the end. 2) if the term or period ended then whether she remarries her former husband or somebody else is up to her. As "Muraja'a /turn back" can only be during the waiting period – Medi1Saif Jul 27 '16 at 13:38
  • @Medi1Saif my answer to your 1st comment was wrong, i understood it incorrectly. i see now that you said that i said that both talaq and taking back before or after waiting term of 3 months are counted as 1 talaq. you are wrong. i have not said so. where do you see that? i have written 2 cases, and in both the last talaq was with the term passed, maybe you thought it was with term not passed? it is said in comment that 1 year passed. about first 2 talaqs it is not clear, and i have written 2 cases about them. – qdinar Jul 29 '16 at 14:28
  • i have written my answer to @Medi1Saif 's first comment , thinking that he said that there should not be remarrying after term has passed. and i have written proofs that in that case remarrying , or like it, should be. – qdinar Jul 29 '16 at 14:32
  • @Medi1Saif just a comment to 1st link: i see that they said that taking back is not possible at 3rd talaq, even before waiting term of 3 "periods" passed - i do not think so. (i think it is possible before the waiting term passed). – qdinar Jul 29 '16 at 18:50
  • @Medi1Saif comment to 2nd link: they say about taking back before term passed in 1st paragraph, but in 3rd and 4rd paragraph they cite quran about taking back after term, and mention somethings like a book and words of muhammad, peace be upon him, or words of sahaba, but wihout giving name of the book or hadith collection. the strange idea in 1st and 8th paragraph that wife itself may even not hear phrase about taking back is not supported/backed up by primary sources nor logical proofs any how. no primary sources are given in paragraph 5 about that witnesses are not needed. – qdinar Jul 30 '16 at 06:10
  • @Medi1Saif 2nd link, more exactly, reading quran ayat 65:2 accurately, helped me to understand that ayats 2:229,231, 65:2 are not about taking back anytime after waiting term, but about divorce ceremony with witnesses almost immediately after waiting term. i should correct my answer 32792. – qdinar Jul 30 '16 at 06:12
  • i think that there is no problem with 65:2, 2:229, 2:231, because, 65:2 means that witness is needed just after term, it does not reject that taking back after term is like remarrying, but, maybe even vice versa, it says that even if remarrying happens immediately after term passed, witnesses are needed, so it is not easy thing as taking back before term is passed. – qdinar Jul 31 '16 at 05:59
  • You should create your own sect, as your understanding of the verses is very special! – Medi1Saif Aug 01 '16 at 07:14
  • See also https://en.wikipedia.org/wiki/Divorce_in_Islam – Medi1Saif Sep 14 '16 at 12:46