How many talaqs is a divorce in court regarded as? Does the religious marriage of the couples who have been divorced in court continue?
Submitted by on Mon, 15/07/2024 - 09:40
Dear Brother / Sister,
If the husband has not divorced his wife before the court divorces her, the couples divorced by the court are regarded to have been divorced with one talaq and their religious marriage does not continue. However, they can remarry and unite together again. To be able to unite again, it is necessary for the husband not to have divorced his wife with three talaqs before the decision of the court.
According to Islam, since the husband is more cautious, foresighted and less susceptible to emotions, he has been given the authority to divorce. The Holy Quran clearly states it. The first seven verses of the chapter of at-Talaq are about divorce:
“O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.” (at-Talaq, 65/1)
If a person divorces his wife three times, either before or after applying to the court, it is not possible for him to unite with her again according to our religion.
If he has not divorced his wife before or after the court, when he applies to the court for divorce and when the judge divorces him, one talaq will have been used because he has given the authority to divorce to the judge, i.e., he has appointed him as his proxy. They are regarded to have been divorced according to the religion too. The woman can marry someone else after waiting for her iddah.
However, there are still two more rights of talaq. Accordingly, if the spouses divorced by the court want to remarry, there is no legal or religious objection to it. However, the consent of the man and the woman is necessary. In addition, the marriage contract has to be performed again and the woman must be given mahr again.
Questions on Islam
- How many rak’ahs did the Prophet Muhammad (pbuh) perform the sunnah of the afternoon prayer as?
- When a husband and wife divorce officially, does their religious marriage end?
- Can a husband divorce his wife unilaterally?
- In what cases is divorce (talaq) is regarded as a sin?
- wife divorcing husband
- How a divorced woman should spend her divorce period?
- Does renewal of marriage exist in our religion?
- Can two people who divorce marry each other again? Does Hulla exist in Islam?
- What is Halala (Hulla)
- Unable to accept the khula from wife.