Fatwa ID: 03273

Answered by: Maulana Javed ibn Nazir Kachhalia​

Question

A woman gets divorce thrice from her first husband and completed her iddah. Her family has found a guy who wants to marry her. But she still loves her first husband.

Now she wants to get married for the second time with a new man with a hope to come back again to the first husband if the man divorces her or dies. Neither her first husband nor the new man knows anything about her feelings and hope.
Is this will be sinful for her to have such hope or will it make her second marriage invalid?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

When a woman is divorced three times, this divorce is irrevocable which means that the husband cannot take her back unless she marries another man first.

The general misconception is that marrying another is a solution provided by Shariah in order for the husband and wife to get back together. This is not correct.

The meaning of Halalah is that if the woman after being divorced and after observing her iddah(waiting period) wished to marry another man, she can do so.

This second husband on his own accord divorces her after having sexual intercourse with her then after observing the iddah, she can remarry her first husband. (The Complete system of Divorce p.53)

If there wasn’t any condition mentioned and stipulated in the second marriage of the woman, but she only had this wished in her heart about going back to her first husband and by having the second marriage thereafter consummating it and the husband divorces her she would be granted that freedom, then to think of that or the thought of it it's not a sin and her second marriage will be valid. But should abstain from thinking like that. (Fatawa Mahmoodiya Vol 13, Pg 478, Darul Ifta Jamiah Farooqiyah)

You can also find more information on our website in regards to this issue on the following link:

http://daruliftabirmingham.co.uk/planned-halalah/

Only Allah knows best.

Written by Maulana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham