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Information Divorce in Quran

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BMZ
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Post subject: Re: Divorce in Quran Reply with quote  

The wrote:
I have a different take on this, and I believe that a single 'talaq' is sufficient.

Again, I believe that the waiting period is compulsory so that it can be ascertained that she is not carrying a child, and in case she marries another man, her new husband cannot lay a claim against her that she is carrying the previous husband's child, nor can the previous husband lay a claim to a child born after her completion of the term. Likewise, it also safeguards the rights of the previous and new husband respectively.


Salams, bro

I agree with the second part of your post.

Are you referring to a single 'talaq' as a talaq pronounced three times in one go?
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Wed 21 Apr, 2010 4:33 pm
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Post subject: Re: Divorce in Quran Reply with quote  

No, buddy. I mean that once a 'talaq' has been decided upon, and the woman completes the waiting term, then they are both free to marry whoever they want. Take care.
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Thu 22 Apr, 2010 1:27 am
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zack
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I have one more question brothers -
Can a man divorce her wife and take her back before the iddah period completes, then divorce her second time and take her back before the iddah period completes and again divorce her and take her back before the iddah period more than thrice? I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid. Can someone please advise? I couldn't find any verse that explicitly said so or I must have missed.
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Fri 14 May, 2010 6:58 am
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AhmedBahgat
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Post subject: Reply with quote  

zack wrote:
I have one more question brothers -
Can a man divorce her wife and take her back before the iddah period completes, then divorce her second time and take her back before the iddah period completes and again divorce her and take her back before the iddah period more than thrice? I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid. Can someone please advise? I couldn't find any verse that explicitly said so or I must have missed.


Sala mate

I discussed the matter with a knowledgeable Mulsim and good friend from Egypt and I agree totally with what he said which is simply, yes they are in illegal relationship becuase the iddah has nothing to do with counting the number of divorce and reconcilation between the same husband and wife, the iddah is only to protect all possible parties from the mix of children

Allah is most Knowing

Salam

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Sat 15 May, 2010 5:46 pm
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zack
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Post subject: Reply with quote  

Thanks brother Ahmed,

I know the questions was not easy to answer. I don't know how to convince this person because he is far too elder to me(he is in his 50s). Moreover, there doesn't seem to be any verse in the Quran which explicitly clarifies this. Also, this guy told me that when he was divorcing his wife for the third time, he thought it is the second time and so was not mindful of the consequences. May Allah help him.
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Sat 15 May, 2010 11:49 pm
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Post subject: Reply with quote  

@zack: I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid.


As per my understanding of the Quran your friend's marriage is still valid.

An important question is why is he repeating the thing over and again?

...Take not God's signs in mockery, and remember God's blessing upon you, and the Book and the Wisdom He has sent down on you, to admonish you. And fear God, and know that God has knowledge of everything.
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Mon 17 May, 2010 4:58 pm
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BMZ
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Dear brothers,

Part of verse 2:229 is absolutely clear when it says:

Quote:
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
Which means divorce can only be pronounced a maximum of two times and after that either remain together nicely or it is time to part in a nice manner.

Part of 2:230 shows the Red Light:

Quote:
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ

Which clearly shows that pronouncing divorce after two times, she will not be lawful for the man, unless she gets married to another man, who may or may not divorce her.

The new husband, if he wishes to divorce, still has to go through the same process.

And if the new husband completely divorces her, only then she and her first ex-husband can marry again and they would not be doing any wrong, if they maintain the bounds set by Allah.

Thus, as soon as the divorce was pronounced the third time, the man lost his wife and they cannot live together as husband and wife. Their marriage is null and void.

Salaams
BMZ
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Mon 17 May, 2010 11:19 pm
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Hey, buddy, we have different takes on the issue.
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Tue 18 May, 2010 12:11 am
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AhmedBahgat
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Post subject: Reply with quote  

The wrote:
Hey, buddy, we have different takes on the issue.


That is cool man, but I have not read your comment yet which I will do soon

Cheers

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Tue 18 May, 2010 5:46 pm
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Post subject: Reply with quote  

The wrote:
As per my understanding of the Quran your friend's marriage is still valid.



Can you elaborate please

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Tue 18 May, 2010 5:48 pm
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Sure thing, buddy.

This is the case:

took her back each time before the iddah period.

We know from the Quran that the woman has to be put away for a term, and upon reaching the term they have to make the decision of reconciliation or separation, in the presence of two witnesses.

In this case the term was never reached, so I hold that the marriage is valid.

What is your reasoning for stating that the marriage is invalid?
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Tue 18 May, 2010 8:08 pm
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Post subject: Reply with quote  

The wrote:
Sure thing, buddy.

This is the case:

took her back each time before the iddah period.

We know from the Quran that the woman has to be put away for a term, and upon reaching the term they have to make the decision of reconciliation or separation, in the presence of two witnesses.

In this case the term was never reached, so I hold that the marriage is valid.

What is your reasoning for stating that the marriage is invalid?


Salam mate

I dont think so man, there will be a massive loophole in the laws of Allah concerning divorce. Earlier I was wrong too when I suggested to Zack that if she is pregnant in the third time, her husband may return her without marrying another man, I was certainly wrong because this is another loophole that I created, however I totaly forgot about the thread and forgot to correct myself with Zack

The Iddah is only to prevent her marrying another man while she may be pregnant from her divorced husband, the Iddah is not a time for both to rethink of reconcilation, if it is the case, then the husband can divorce his wife million times as long as he returns her during the Iddah period, which makes no sense of course and creates a massive loophole in Allah's law

The divorce is 2 times, and if they divorced the third time then she must marry another man and divorce him before returning to her first husband, regardless they reconciled in the first two times during iddah and regardless she is pregnant or not

Take care

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Last edited by AhmedBahgat on Wed 19 May, 2010 5:54 pm; edited 2 times in total
Post Posted:
Wed 19 May, 2010 4:41 am
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@ahmedbahgat: I dont think so man, there will be a massive loophole in the laws of Allah concerning divorce.

The husband cannot force her to return to him, so why will she agree on reconciliation a million times?
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Wed 19 May, 2010 5:33 am
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AhmedBahgat
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The wrote:
@ahmedbahgat: I dont think so man, this was, there will be a massive loophole in the laws of Allah concerning divorce.

The husband cannot force her to return to him, so why will she agree on reconciliation a million times?


Salam mate

I didn't mean the husband only, so let me rephrase what i said:

Both husband and wife cannot use the Iddah as a loophole to get around the 3 times limit of divorce, the iddah has nothing to do with counting the number of divorces/reconcilations

The Iddah is only there to protect the pregnant wife. This is obvious with the case of a widowed wife, she still has to wait for Iddah

The only difference with the divorced husband and wife is this, they don't need to wait for Iddah if they want to reconcile, however it is still a count of divorce and reconcilation

Salam

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Wed 19 May, 2010 4:35 pm
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@ahmedbahgat: I didn't mean the husband only, so let me rephrase what i said:

Both husband and wife cannot use the Iddah as a loophole to get around the 3 times limit of divorce, the iddah has nothing to do with counting the number of divorces/reconcilations

The Iddah is only there to protect the pregnant wife. This is obvious with the case of a widowed wife, she still has to wait for Iddah

The only difference with the divorced husband and wife is this, they don't need to wait for Iddah if they want to reconcile, however it is still a count of divorce and reconcilation



This is getting interesting, buddy, and I think we will need more time to resolve the points we disagree upon. If you are interested in it then please start a new thread. Take care.
Post Posted:
Wed 19 May, 2010 6:28 pm
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