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Author Topic: Remarriage to same person  (Read 2615 times)
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rani1210
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« on: Jun 25, 2009 11:05 AM »


Asalaam alaikum,

 

I hope someone can help me with guidance to my current situation.

I have a very complicated situation and I hope someone may be able to assist me with an answer.

About a year and a half ago, I divorced my husband (I filed for divorce and although he did not want the divorce he signed the divorce papers upon my request). I was not Muslim at the time but he was. He never once said "I divorce you" but he signed the divorce papers and we are legally divorced. Since the marriage nor divorce were considered Islamic (in the marriage, it was done in secret, there were not two witnesses present and there was no guardian on my behalf in attendance and I was not given mahr, I am unsure if the marriage is even considered valid according to Islam).

Although we have been divorced for all this time, we have still been living together and continuing our relations the same as we did as a married couple - the only difference is we are not married any longer. I obviously never married another and neither did he. Another note is since I became Muslim, I have had no sexual relations with him (or anyone else) and he has been out of the country since then and technically, we have not been living together either which means I am not living in sin. He is not out of the country for this reason but I thought I should make mention of this as well.

I have recently converted to Islam (this has absolutely nothing to do with this man why I made this decision) and wanted to know if we would be able to remarry. I would like to know the Islamic view on this situation.

timbuktu
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« Reply #1 on: Jun 25, 2009 11:43 AM »

wa alaykum assalaam

Sister, I suggest you approach a really learned person near you. I am sure there must be a few who can look at all the details you have provided, and guide you. None of us here is really a Mufti. Perhaps some one in the country you are in, can guide you to such a Mufti. When describing your situation, you can also give information on whether you were a practicing ahle kitab or not at the time of your "marriage".
Abdurahman
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« Reply #2 on: Jun 27, 2009 11:15 AM »

Asalamualaikum wrt wb,


All praise be to Allah.


As for your first marriage, it is considered faasid (anulled), since it was missing the essential parts of a marriage, which include witnesses and a wali, according to the Hanbali school.


In all cases, it is permissable to remarry a previous spouse if there were not three divorces between them.  By signing the divorce papers, your husband divorced you once.  It would still be permitted for you to remarry, as long as there have not been two other divorces between the two of you.


However, since you have had unlawful relations with each other, it is not permissible for you to marry unless you both make repentance for what has happened in the past, according to the Hanbali school of law.




And Allah knows best.

Be merciful to those on earth, and the One in the Heavens will be merciful to you.
rani1210
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« Reply #3 on: Jun 27, 2009 12:52 PM »

Walaikumasalaam,

Thank you for your clarification on the Islamic aspect of this specific situation. I do have a question though, since my unlawful relations were prior to adopting Islam, do I still have to repent for it? Correct me if I am wrong, but once an individual accepts Islam, aren't the previous sins wiped clean?

Thank you again for your response.

Allah Hafiz.
Abdurahman
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« Reply #4 on: Jun 27, 2009 01:24 PM »

Asalamualaikum wrt wb,



All praise be to Allah.



Yes, the Prophet, peace be upon him, said, "Islam erases what came before it."  You made a very wise decision to accept Islam, and inshallah whatever happened in the past has been erased for you.


However, it is not permissable for the man to marry you, since Allah says, "Pure and chaste men are for pure and chaste women, and pure and chaste women are for pure and chaste men."


Unless he makes complete Tawbah for his previous sin, which includes:


1.)  Immediately stopping the sin.

2.)  Regret and remorse for what happened, knowing that it was wrong, and feeling sad for having disobeyed Allah.

3.)  Resolving to never return to the sin.



In this case, you may consider marriage, however, the requirements for the marriage include having a wali (since you are Muslim, you must find a Muslim wali from your family, if you have none, then the Imam of the community is your wali), having two witnesses, naming a mahr, however small or large, and an offer and acceptance by the groom and your wali.


May Allah make you firm in your relgion, and continue to guide you on the Straight Path.


And Allah knows best.


Be merciful to those on earth, and the One in the Heavens will be merciful to you.
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« Reply #5 on: Jun 27, 2009 03:58 PM »

Wa alaikum asalaam,

Thank you again for your guidance. It is greatly appreciated.

Allah Hafiz.
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