Fatawa Answer

Question: Marriage and Divorce

ID: 1688

Name: Marriage and Divorce

Question

As salaam alaikum, 

I am seeking a fatwa and therefore have a question regarding divorce and marriage (again with each other). 

I filed for divorce (legally) from my wife(currently ex-wife) due to our then (several years ago) circumstances, situations, but never intended to divorce per shariah/islamically and I never uttered "divorce" or "talaq" even once. I and my currently ex-wife have one kid together who we both love very much. She also never wanted divorce but just that our misunderstandings were at a level that we made mistakes and had to go through situations unforseen and I had to file for divorce legally hoping/wishing that if there is an opportunity to get back with each other we could.

It is now my understanding that the divorce we have through court of law is accepted and currently we are divorced.

I would like to know the shariah ruling if we would like get married again with each other what is the ruling and procedure. 

I don't see the option here to attached the divorce decree and the petition for your review.

Please let me know. 

Jazakallah Khair 

Answer

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

In your case, if you have given one divorce, or divorce has been issued on your behalf without a specific number, then only one divorce will be affected on the wife. Now, the marriage can be solemnized by agreeing and accepting again with new dower and new witnesses.

However, the number of divorces pronounced must be recorded to ascertain the number of divorce(s) remaining in your custody. For example, if you had given one divorce so far, then you are left with only two divorces to pronounce. Your wife will be permanently divorced after receiving two divorces from you.

 فقط واللہ اعلم بالصواب

Answered On: Tuesday, Feb 07, 2023 | N/A

Answered By: Mufti Mohammed Ataur Rahman Sajid

Checked By: Mufti Mohammed Navalur Rahman