If I Remarried After the Waiting Period, Will the New Marriage Contract Reset?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Sadly, my wife and I of 4 years have been struggling with marital issues for a long time. Unfortunately, this has resulted in me divorcing her a second time.
She is currently in her idda period with plans for a family meeting in a couple of weeks for things to cool down. This has gotten me thinking, as many of our issues are down to (I feel) personal emotional/baggage issues for my wife, what were to happen if her idda period was completed, and thus our divorce complete. She went to therapy, and we remarried with a new marriage contract and dowry with regards to divorce, i.e., if I divorced her again after remarriage, is this a final divorce, or would this be the first divorce as it is a new marriage?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
It is important for you to take her back in her waiting period. When a divorce is pronounced, it counts towards the three. Although you both got back together the first time, this is the second divorce. If you were to remarry her after the end of the current waiting period (idda), it would not reset to zero, and you would have one divorce remaining out of the three.
In this way, remind each other to commit to working on the marriage and not allow any shortcomings to make you fall for a divorce. Also, both should pray to Allah Most High regularly and perform two rakat of Prayer of Need (Salat al-Haja). [Ibn ʿAbidin, Radd al-Muhtar; Maydani, Al-Lubab Fi Sharh al-Kitab]
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.
Related
- How Can We Stay Married After My Husband Gave Me Three Divorces? (seekersguidance.org)
- Can My Husband Be Intimate with Me after an Irrevocable Divorce? (seekersguidance.org)
- Does Divorce Come in Effect in Extreme Anger? (seekersguidance.org)
- A Little Fiqh on Controlling One’s Anger – SeekersGuidance
- Shaykh Faraz Rabbani – “The Position of Islam on Divorce, Adoption and Abortion” – YouTube – SeekersGuidance
- What are the Wisdoms behind the Rulings on Divorce in Islam? – SeekersGuidance
- What is the Purpose of Marriage? A Muslim Perspective – Shaykh Faraz Rabbani – Bing video
- divorce Archives – SeekersGuidance
- How Does One Perform The Prayer Of Need (salat al-haja)? – SeekersGuidance
Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org)?
I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.
He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.
He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.
He currently resides in UK with his wife. His personal interest is love of books and gardening.
