Quran, Noble Quran

Quran: [17:36] "You shall not accept any information, unless you verify it for yourself. I have given you the hearing, the eyesight, and the brain, and you are responsible for using them."

Quran: [49:12] "O ye who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: And spy not on each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, ye would abhor it...But fear Allah. For Allah is Oft-Returning, Most Merciful."

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Taking back a Wife after a Talaq Divorce in Islam

If a man divorces his wife and this is the first or second talaq, referred to as talaq raj’I, and she has not ended her ‘Iddah, then he can take his wife back by saying: “I am taking you back” or “I am keeping you.” Apart from verbalizing that he is taking her back, the husband may do some action intending thereby to take her back, such as having intercourse with the intention of taking her back. The Sunnah is that taking back the wife should be done in the presence of two just Muslims based on verse number 2 from Surat at-Talaaq (65). If the ‘Iddah has ended following a first or second divorce, there has to be a new marriage contract. In this case he has to propose marriage like any other man, to her guardian and to her. When she and her guardian agree and they agree upon a mahr (dowry), then the marriage contract is completed. That must be done in the presence of two just witnesses. If however, he divorces his wife for a third time, she becomes unlawful to her first husband until she marries a second husband in a genuine marriage which is consummated. Allah the Exalted says (interpretation

of the meaning): “The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness…” [8] and He also said: “And if he has divorced her (the third time), then she is not lawful unto him thereafter ntil she has married another husband.” [9]

The last divorce known amongst Muslim Jurists as Talaq Baa-in, refers to the third divorce according to the overwhelming majority of the scholars. This is in light of the hadith collected by Bukhari and Muslim whereby a woman came to the Messenger of Allah and said: “O Messenger of Allah, Rifaa’ah divorced me thrice, then I was married to ‘Abd al-Rahmaan ibn al-Zubayr al-Qurazi, but he has nothing with him except something like this fringe.” The Prophet (s.a.w) said: “Perhaps you want to go back to Rifaa’ah? No, (it is not possible), unless and until you enjoy sexual relations with him (i.e. ‘Abd al-Rahman), and he enjoys the sexual relation with you.” An-Nawawi said: “This hadith indicates that the woman who has been divorced by a third talaaq is not permissible to the man who has divorced her until she has been married by another husband, who has intercourse with her then separates from

her, and she completes her ‘Iddah. Merely drawing up the marriage contract with her does not make her permissible to the first husband. This is the view of all the scholars among the companions, the taabiee’n (their direct successors), and those who came after them.

Allah the Exalted and the All-Mighty knows best. And May the peace and blessings of Allah be upon His beloved slave and final Messenger – Prophet Muhammad.

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