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2nd marriage/nika after qulaa issue

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I wanted to ask question about my family member and wanted to some clarity on this serious marriage issue, plz answer 

So, she is 35 and had a qulaa from her first marriage and then after qulaa she went back to her first husband after a compromise but without the halala (from my sources (aleem), I found out that you don't need halala to go back together as a couple). 

And then after more than 3 years again they separated for good (due to domestic violence) and then after 4 months she married her second husband without informing her first husband (due to security reasons).

So, I wanted to ask is it jayeez or not / is this 2nd marriage considered halal!

Now, plz if it is considered haram then what is the best solution! The mother of the woman is very concerned. 

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21 hours ago, nouer said:

So, she is 35 and had a qulaa from her first marriage and then after qulaa she went back to her first husband after a compromise but without the halala (from my sources (aleem), I found out that you don't need halala to go back together as a couple). 

Sistani:

2531. Irrevocable divorce means that after the divorce, the husband is not entitled to take back his wife, that is, he is not entitled to take her as his wife without Nikah. This divorce is of five kinds, namely:
The divorce of a woman who has not completed nine years of age. The divorce of a woman who is in menopause. The divorce of a woman whose husband has not had sexual intercourse with her after their marriage. The third divorce of a woman who has been divorced three times. The divorce called Khul'a and Mubarat. The divorce by intervention of Mujtahid, in the case of a wife whose husband is neither prepared to maintain her nor to divorce her.
Rules pertaining to these kinds of divorces will be detailed later. Divorces other than these are revocable, in the sense that as long as the wife is observing Iddah her husband can take her back.

 

Divorce » Orders regarding return (Ruju')

2533. In the case of a revocable divorce a man can take back his wife in two ways:
By telling her words which would mean that he wants her again as his wife. By acting in a manner which would convey his intention to take her back.
And taking her back will be established by sexual intercourse although the husband may not have intended it. But touching, kissing, with or without intention of taking her back is not sufficient.

2534. It is not necessary for taking her back that the husband should call any person to witness, or should inform his wife. On the other hand if he takes her back without any one else realising this, the Ruju' is in order. However, if the husband claims after the completion of Iddah that he took his wife back during Iddah, he must prove it.

2535. If a person who has given revocable divorce to his wife takes some payment from her, making a compromise with her that he will not make Ruju' to her, though this compromise is valid and it is obligatory on him not to 'return', yet he does not forfeit the right to 'return'. And if he 'returns' to her, the divorce given by him does not become the cause of their separation.

2536. If a man divorces a woman twice and takes her back, or divorces her twice and takes her back by Nikah, or takes her back after one divorce and returns her by Nikah after the second divorce, she becomes haraam for him after the third divorce. But if she marries another man after the third divorce, she becomes halal for the first husband on fulfilment of five conditions, that is, only then he can remarry her:
The marriage with the second person should have been of permanent nature. If he contracts with her a temporary marriage for one month or a year, and then separates from her, the first husband cannot marry her. The second husband should have had sexual intercourse with her, and the obligatory precaution is that the sexual intercourse should have taken place in the normal way. The second husband divorces her, or dies. The waiting period (Iddah) of divorce or Iddah of death of the second husband should have come to an end.On the basis of obligatory precaution the second husband should have been Baligh at the time of intercourse.

Since it was a first divorce they didn't have to do halal. Shia divorce system is different then sunni divorce system. 

 

Majority in Sunni Islam considers uttering word ‘Talaaq’ three times in a single instance to wife, regardless of intention, joke, anger, compulsion, haste, witnesses; by a husband as legal. For reunion with same husband such divorced wives need to observe waiting period (3 months) then undergo ‘Halaala’. ‘Halaala’ is an Islamic law which forbids reunion between divorced couple, before wife remarries another man and gets irrevocable divorce from the latter and observes waiting period (3 months). 

Mere utterance of word ‘Talaaq/ divorce’ to wife, how does it conveys whether ‘Talaq’ is given or ‘Talaaq’ is not given? How could this confusion be removed by that mere pronunciation of word ‘Talaaq’ in Sunni Islam’s majority; as to whether Talaaq is given or Talaaq is not given, Talaaq would be given or Talaaq would be thought over, Talaaq would happen or Talaaq must be decided etc? Shia Islam has no such ambiguity. 

Absence of witnesses, state of anger, being under compulsion, being drunk, done as joke are no excuse, and divorce gets executed in majority of Sunni jurisprudence; remorse felt by husband or both don’t make any revoke on divorce. 

Shia Islam consider it forbidden (Haraam); this whole custom of triple talaaq (divorce) in one instant. Shia rules require triple talaaq (divorce) for irrevocable divorce, but not in one instance. Shia need minimum three menstruation cycles of wife to get divorced. Only one talaaq (divorce) could be pronounced in one monthly cycle of wife. 

Shia Islam also requires two trustworthy witnesses each time for each divorce to be valid. Shia Islam also requires proper divorce formula “my wife xyz is divorced”, to be properly pronounced to wife by husband or his representative for divorce to be valid. 

Shia Islam considers all divorces which were pronounced without intention, in compulsion, or as jokes etc as invalid, and does not amount to divorces. Shia Islam also does not allow divorce to be pronounced if husband has had sexual intercourse with his wife during that menstrual cycle. 

After each revocable divorce husband can nullify the revocable divorce by taking back his wife in marital tie through indulging in sexual intercourse with his wife. It is only after third irrevocable divorce that divorce happens in Shia Islam. 

Shia Islam considers divorce as legal but makes it difficult up to the required level, wherein grievances could be wiped out, anger could subside, and marriage and family could be saved. Irrevocable divorce in majority of Sunni Islam could happen in few seconds; where as in Shia Islam it requires minimum three menstrual cycles. 

In case of marriage (Nikah) witnesses are not required in Shia Islam, it also allows temporary marriage (Mutah), and this makes Shia marriages easier as compared to Sunni marriages. 

Interestingly, divorce in Shia Islam as it requires two witnesses in each instance and minimum three menstrual cycles for irrevocable divorces makes it difficult compared to divorce in majority of Sunni jurisprudence, where in divorce can happen in few seconds. 

Prophet Mohammed had ordered to make marriages as simple as possible so that society remains free from sexual evils. Also, since divorce breaks family, period for reconciliation need to be provided on basis of Qur’anic injunction, both above advantages are seen in Shia Islam. Shia Islam is the Islam as preached by true deputies of Prophet Mohammed who are twelve Imams of Shia Islam.

21 hours ago, nouer said:

And then after more than 3 years again they separated for good (due to domestic violence) and then after 4 months she married her second husband without informing her first husband (due to security reasons).

Ok so i am guessing that they divorced her husband after 3 years and after that she completed her Iddah period 4 months and married someone else. There is no harm in it. She was not obligated to inform her first husband about her second marriage. 

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1 hour ago, Ron_Burgundy said:

 

Ok so i am guessing that they divorced her husband after 3 years and after that she completed her Iddah period 4 months and married someone else. There is no harm in it. She was not obligated to inform her first husband about her second marriage. 

Brother, I think i was not able to explain to properly (it is a bit complexed). After tripple talaq (she is sunni) she had qula but then after few months they got back together (and then they stayed together for 3 years) but then this time as qula already happened when she seperated for good she just married her second husband after 4 months 

 

so, i am saying, she had qula then got back together but then this time sepereted again (nothing happened qula, 2nd qula exists), then she married after 4 months but when she seperated she just married someone else without informing anyone ..so i wanted to ask is this halal

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1 hour ago, nouer said:

After tripple talaq (she is sunni) she had qula but then after few months they got back together (and then they stayed together for 3 years) but then this time as qula already happened when she seperated for good she just married her second husband after 4 months 

This is not islamic way of doing things. Let me ask you were there any witnesses during divorce? Who pronounced the formula? Sunni way of divorce is a joke. As a shia i don't even consider it divorce so whole scenario you gave me is based on false rules which have nothing to with islam. 

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On 4/25/2018 at 2:17 PM, Ron_Burgundy said:

This is not islamic way of doing things. Let me ask you were there any witnesses during divorce? Who pronounced the formula? Sunni way of divorce is a joke. As a shia i don't even consider it divorce so whole scenario you gave me is based on false rules which have nothing to with islam. 

, no brother it not even sunni way, what you said about shia way is also very much similar to sunni way ..

her mother spoke to sunni scholars and even they were perplexed and call up on it

Let me explain again!

1 story) Yes, she had witnesses and divorce was registered and qula happened  2) but then after just 1/2 month after qula she went back to her first husband 

3) they lived together for more than 3 years     4) but then when the husband was being violent and argumentative and she had enough so then he left the house (at that time, only she was paying house rent and the husband was living at his mother;s hosue and her house, basically he was using her to pay rent and all) 

5) during this time, she was getting life threatening messaging and warnings from someone (aka, first husband) at that time only her first cousin was available to help and he tried to protect her but then they (she and her first cousin) knew people would ask questions of 'why he is helping her and protecting her' so the first cousin proposed to her and said to marry him and only then he give provide full protection from no interference 

6) so, she married him and had nikka without informing anyone (except her mother and father) ias first husband said 'i will make her life hell' so he won't have allowed it 

So, now the question is it halal, which is sounding like it is, but still her mother wanted extra advice and opinion

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She got a divorce (khula) first time but reconciled after half a month.  Nothing wrong with that. Reconciliation in iddah is simple. 

Second khula happened,iddah period passed,  she remarried without announcing it everyone. Nothing wrong with that either. 

What seems to be the problem?

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On 4/25/2018 at 9:13 PM, nouer said:

without informing anyone ..so i wanted to ask is this halal

Salam Both triple divorce is not accepted by shia fiqh she just divorce two times from Shia view & her marriage with her cousin is Halal if she kept Iddah between these marriages & divorces.

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On 4/26/2018 at 7:10 AM, nouer said:

, no brother it not even sunni way, what you said about shia way is also very much similar to sunni way ..

her mother spoke to sunni scholars and even they were perplexed and call up on it

Let me explain again!

1 story) Yes, she had witnesses and divorce was registered and qula happened  2) but then after just 1/2 month after qula she went back to her first husband 

3) they lived together for more than 3 years     4) but then when the husband was being violent and argumentative and she had enough so then he left the house (at that time, only she was paying house rent and the husband was living at his mother;s hosue and her house, basically he was using her to pay rent and all) 

5) during this time, she was getting life threatening messaging and warnings from someone (aka, first husband) at that time only her first cousin was available to help and he tried to protect her but then they (she and her first cousin) knew people would ask questions of 'why he is helping her and protecting her' so the first cousin proposed to her and said to marry him and only then he give provide full protection from no interference 

6) so, she married him and had nikka without informing anyone (except her mother and father) ias first husband said 'i will make her life hell' so he won't have allowed it 

So, now the question is it halal, which is sounding like it is, but still her mother wanted extra advice and opinion

If she is Sunni then her marriage is dissolved the first time her husband divorced her 3 times. If she got together again and lived with him for 3 more years and had conjugal relationship with that man is considered adultery. May Allah guide us all to the right path. 

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4 hours ago, Rayhana80 said:

If she is Sunni then her marriage is dissolved the first time her husband divorced her 3 times. If she got together again and lived with him for 3 more years and had conjugal relationship with that man is considered adultery. May Allah guide us all to the right path. 

It was not a divorce it was a khula as the OP has stated more than once. 

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