Are the people who are divorced by the court continue their marriage without having a new marriage contract? Or, can the woman marry another man?
Dear Brother / Sister,
According to Islamic decrees, there are three bonds of marriage between the spouses. One of those bonds is broken off with a divorce. When three of them are broken, it is not religiously permissible for them to continue their marriage.
The spouses who are divorced by the court officially are regarded to have been divorced by one irrevocable (bain) divorce. (as-Sa‘îdî, Hâshiyat al-‘Adawî, Vol. 2, p. 41)
When the spouses that have been divorced by the court want to marry again, they have to make a new marriage contract. In that case, their marriage continues with two bonds if they have not been divorced before.
Divorce takes place after the divorce decree of the court. If the woman wishes, she can marry the man she has been divorced from with a new marriage contract or another man - after waiting for her iddah (about three months). (Şeyhîzâde, Majma‘ al-Anhur, Vol. 1, p. 464)
Questions on Islam
- How many talaqs is a divorce in court regarded as? Does the religious marriage of the couples who have been divorced in court continue?
- How can a woman who is not given the right to divorce be divorced?
- Wha is Bain (irrevocable) divorce?
- Can a husband divorce his wife unilaterally?
- Does renewal of marriage exist in our religion?
- Is it permissible to make a child’s guardianship a condition in marriage?
- How can a women get talaq (the right to divorce) from her husband?
- Is a religious marriage harmed if a couple divorces as a formality for some formal and material interests?
- How can a woman get Khula (divorcement)?
- Is it necessary for a marriage to be valid not to determine any time period?
