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For Men
- If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
- If you want to remarry your wife after divorcing her you have to follow certain procedures.
For Women
- If your husband has died or you are no longer married to him through valid procedures of divorce and you want to marry another man then you have to follow certain conditions:
Iddat
- The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.
- It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone.
- When your husband dies, you will have to observe an iddat period of four months and ten days from the date of your husband’s death.
- When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’.
If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.
Waseem abbas
August 17, 2022
Salam I am waseem abbas Muslim I have love someone she nonmusilm but before she married whit Muslim nam and she no have divorce and I want her marry mean I want nikh I can do whit his man divorce nikh or no
Nyaaya
August 19, 2022
Is she currently married or not?
Geline
June 25, 2023
Can me and my husband can remarry again after divorce even he will not married someone we divorce almost 3months. And we planning to remarry again
Alka Manral
August 5, 2024
A Muslim man can remarry his wife after divorcing her if the wife follows and observes the prescribed iddat period. An iddat period for a woman after divorce in the case where her ex husband is still alive is 3 months. If the woman wants to remarry her divorced husband, then she must marry and get divorced from another man and also follow an iddat period to marry her ex-husband again. This practice is called Nikka Halala though is only practised by a small minority of Muslims.
In case the woman is still undergoing the period of iddah, and if the couple reconciles during that period, then there is no need for a new marriage contract. A simple oral declaration nullifies the divorce. In case a proper divorce has been obtained, then the iddah period must be observed.
Overall, in case the couple do not belong to certain sects or may not be very orthodox, they can remarry after the completion of the iddat period, without having to get married to other people and then divorcing them; and if they are still within the period of iddat, then remarriage is not required.
Shaik aman
December 4, 2024
నేను నా భార్య కు విడాకులు ఇవ్వటానికి ప్రయత్నిస్తున్నను. తను నా ఇంట్లో దొగతనం చేసింది.. పోలీసు స్టేషన్ లో కేసు నమోదు చేశారు. ఐతే నేను నా ఇద్దరు పిల్లలు 10 సం. కుమార్తె మరియు 9 సం. కుమారుడు ను నా సంరక్షణలో తీసుకోవాలని కోరుకుంటున్నాను. షరియత్ ప్రకారం 7 సం. దాటితే మగపిల్లవాడు, 10 సం. దాటితే ఆడపిల్ల తండ్రి సంరక్షణలో ఉండాలి అంటారు కదా.. నాకు ఈ అవకాశం ఎలా వినియోగించుకోవాలి. నా పిల్లలు నాకు కావాలి.
Mojahid
August 27, 2024
Kya biwi dusre mard se najayej sambandh rakhe to apne aauhar se nikah tute ga ya nahi jawab dijye
Susan
January 21, 2024
No , my husband divorced me 3 years ago and now he wants back to me and I didn’t got married another man. I’m wondering if my ex husband and can marriage again ?thanks
Safina D
May 6, 2024
If he didn’t say three talaq you can with new nikah
Alka Manral
May 30, 2024
Under most marriage acts, you can re-marry the same person if you wish to do so. There is no specified waiting period before you can marry the same person again. Gather necessary legal documentation to prove that you are divorced, some jurisdictions may require you to give notice of the marriage. If you do not have proof of your previous marriage (eg. if you do not have marriage certificate), you both have to submit documents such as Aadhar card, driver’s license, social security card and birth certificate.
Shahjadi
June 23, 2024
Asslamualikum ik it is haram but the two men love me at the same time. And they are agree to marry me. I’m in depression what should i do?
Shareef
July 8, 2024
According to Muslim law, if the wife dies and the husband remarries, does the husband have a right to the property of his former wife?
சபினா
September 6, 2024
இஸ்லாமிய திருமண சட்டப்படி முதல் மனைவி இறந்த பிறகு இரண்டாம் மனைவிக்கு குழந்தைகள் பெற்றுக் கொள்ள உரிமை உண்டா
Sikha
December 7, 2024
Under most marriage acts, you can re-marry the same person if you wish to do so. There is no specified waiting period before you can marry the same person again. Gather necessary legal documentation to prove that you are divorced, some jurisdictions may require you to give notice of the marriage. If you do not have proof of your previous marriage (eg. if you do not have marriage certificate), you both have to submit documents such as Aadhar card, driver’s license, social security card and birth certificate.
mohammed
July 2, 2023
in islam a man can have kids or kid before marriage
X
September 15, 2022
What questions should I ask a divorced woman before marrying her?
Sartaq
September 20, 2022
What is the rule in Islam for men
“If a Muslim male divorced his 4 wife’s then
Is he eligible to marry another women”?
Nyaaya
September 26, 2022
Polygamy is allowed in Muslim law, but it is restricted to marrying four wives. Thus, one marries a fifth woman while already having four wives, the marriage will be considered irregular and not void. But the fifth marriage is valid after the death or divorce of any of his four wives. The marriage will also be treated irregular with a woman who is observing Iddat.
adeel ahmed
July 12, 2023
I am sunni and got married to shia girl but we follow eqch other’s religion and for some reason
We got divorced and we still love eachother and we want to remarry but we dont want to go through halala procedures
Can we do a nikkah for shia basses ???
Alka Manral
August 20, 2024
As per Shia personal law, you can marry yout wife after divorcing her without performing halala procedures if you have not divorced your wife three times. On divorcing your wife for the third time she becomes illegal to you and you will have to go through the halala procedure before you can marry her. { you can go through this book for further clarity https://www.sistani.org/english/book/48/ } Further you may also marry under the Special Marriage Act which is a secular legislation and rules of islam do not apply. Therefore, there would be no need to perform halala procedures.
Khadim
October 21, 2023
Is it possible that a women that not divorced his husband and maried to another men.
Sikha
December 7, 2024
No, Muslim law does not give women the privilege of marrying multiple men. This would be considered haram. In Muslim law only men can have multiple wives, and this practice of polygamy is restricted to a maximum of 4 wives. So married women cannot marry for a first time as long as their first marriage subsists, that is their husband has not died and they have not been divorced.
MOHAMMED IQBAL M
September 21, 2022
When a first wife refused to live (not divorced) with husband how long he wait for his second marriage under sharia of islamic law?
Nyaaya
September 26, 2022
In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Laws in India, a man can have up to 4 wives, but a woman can only have one husband at a time. In India, Polygamy in the Muslim Marriage Act under Islam has not been abolished in India but it is also not widely practised and is often provided against by a special clause in the marriage contract by those who find it morally offensive. The groom, as well as the bride-to-be, may stipulate monogamy as a condition in the Nikahnama and, once signed, it requires the parties to not enter into any formal or informal marriage contract with another person.
STEPS
1. Read the Nikhanama to confirm if there is a condition for monogamy or not,
2. If no such condition relating to monogamy is provided, the man is allowed to marry a second time.
3. No express permission or consent of the 1st wife is needed unless a condition is given under the Nikhanama.
4. The man can marry without giving divorce and the woman cannot do the same.
NOTE
Under Indian Law and Sharia Law it is considered an act of cruelty is the husband is not able to treat both the wives equally, socially or financially, and a ground for divorce.
It is suggested by scholars and lawyers that in cases where the 1st wife refused to live with the husband. The husband can move for divorce and then marry a second time.
Abdi
October 4, 2022
I divorced my wife with 2 talaqa and after staying for 3 months I was told that its over,
How can we go back together as wife and husband because I love her I want her to be back as my wife, is there possibility according our Islamic sharia, help pliz
Nowrin
October 12, 2022
When a woman gives divorce to her husband and, as they have a baby and her ex-husband sorted all issues. Can they re-marry again?
Nyaaya
October 25, 2022
Notwithstanding the importance of perpetuation of a marriage, Islam is very clear about a couples right to seek separation if the marriage is not working, or if one or both spouses have incongruous differences, or simply, on the basis of lack of love or liking between them. In Muslim law, If your wife dies or you have divorced her (validly) you can immediately remarry another woman.
If you want to remarry your wife after divorcing her you have to follow certain procedures. The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.
It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone. When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’.
If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.
Lauren
November 23, 2022
Salam wa alakum
I have a no Muslim friend who has left he Christian husband for domestic violence about 4 months ago she has requested divorce but he won’t sign the paperwork. In that time she has been talking to a Muslim brother and they wants to marry and shr wants learn about Islam. My question is can they marry because the ex husband won’t sign the paperwork of of spite. Is there something they can do.
Alka Manral
May 31, 2024
Your friend can only marry after obtaining a divorce. Under the Indian Christian Marriage Act, a couple can legally get divorced if they mutually agree to it. To make their divorce valid, both parties must agree on grounds such as adultery, desertion, or cruelty. The aggrevated party must file a petition in family court, stating reasons. The petition should be supported by evidence and documentation. The court will then serve a notice to the other party, who has the opportunity to respond within a specified period. If the other party contests the divorce, the case will proceed to trial. During the trial, both parties present their arguments and evidence, and the court decides whether to grant the divorce based on the merits of the case.
Sikha
December 7, 2024
Your friend can only marry after obtaining a divorce. Under the Indian Christian Marriage Act, a couple can legally get divorced if they mutually agree to it. To make their divorce valid, both parties must agree on grounds such as adultery, desertion, or cruelty. The aggrevated party must file a petition in family court, stating reasons. The petition should be supported by evidence and documentation. The court will then serve a notice to the other party, who has the opportunity to respond within a specified period. If the other party contests the divorce, the case will proceed to trial. During the trial, both parties present their arguments and evidence, and the court decides whether to grant the divorce based on the merits of the case.
Dua NaviL
July 7, 2023
Assalamualaikum… Have a nice day! I just want to ask how to file a divorce of my marriage. My marriage is civil wedding, we already separated for 5 years and not living together. We don’t find have a good tines together and always fight and argued. Last time we talked, we decided and agreed that we will end our marriage peacefully. Apart of being separated, I am already more than 2 years practicing Islam. What should I do to nullify our marriage… Please help me… Thank you…
Sau
October 17, 2022
My mother passed away recently and now my father wants to marry someone, so he took the matter to the court and they said he has to divorced his deceased wife (my mother who is dead), does he have to divorce his deceased wife??
Nyaaya
October 25, 2022
A second marriage can take place if the parties to the marriage had no living spouse at the time of marriage. The person getting remarried does not have to divorce the deceased wife as that is impossible. The second marriage is valid if the marriage follows the conditions laid down by the concerned act for a valid marriage and by showing the death certificate of the previous spouse.
Mia
January 24, 2024
I divorced my Islam convert husband (I am also convert but has not practiced islam as I don’t know how) more than 4 years ago. Can I get married to a non Muslim or convert man in the UK?
Alka Manral
May 30, 2024
It is not permissible for a Muslim woman to marry a non-Muslim man from any other religion, whether from among the Jews or Christians, or any other kafir religion. It is not permissible for her to marry a Jew, a Christian, a Magian, a communist, an idol-worshipper, etc. This is considered haram according to the Islamic laws. However, a Muslim woman is permitted to have interfaith marriages which is not restricted by any UK laws. Though Muslim women according to Islamic law can marry other Muslim converts according to the Nikah rules.
Sikha
December 7, 2024
It is not permissible for a Muslim woman to marry a non-Muslim man from any other religion, whether from among the Jews or Christians, or any other kafir religion. It is not permissible for her to marry a Jew, a Christian, a Magian, a communist, an idol-worshipper, etc. This is considered haram according to the Islamic laws. However, a Muslim woman is permitted to have interfaith marriages which is not restricted by any UK laws. Though Muslim women according to Islamic law can marry other Muslim converts according to the Nikah rules.
Adam
November 26, 2022
if the woman separated from 7 years from her husband, and she want to marry another man its possible she can marry without divorce. and her husband dont want to give divorce. how to solve this issue.
Alka Manral
May 31, 2024
Seperation will not automatically grant the woman right to marry the other person. If divorce has not been filed, due to one person not agreeing to it or via mutual consent. A decree of divorce can be obtained by claiming irretrievable breakdown of marriage in cases of long seperation periods.
Sikha
December 7, 2024
Seperation will not automatically grant the woman right to marry the other person. If divorce has not been filed, due to one person not agreeing to it or via mutual consent. A decree of divorce can be obtained by claiming irretrievable breakdown of marriage in cases of long seperation periods.
Azizzah
December 4, 2022
Hello. I would like to ask about my sister’s situation. She was married when she was just 14 yrs old and she and her husband only lasts for 13 months. During that 13 months, the days that the male stayed at his parents is greater than the time he spent with my sister. And then on 13th month, he ran away without saying anything to officially go back to his parents which is an island away from us. We tried to fix their relationship by bringing my sister to his family and she stayed there for 1 week. But my sister said that she want to come back to us since she know that her husband and her in laws don’t want to fix it. So she came back to us. In our tribe, official separation is by signing a paper with witnesses but it never happened for them. After that, They never have communication anymore. After 5 yrs, the male married and we found out it through posts from social media but we dont care about it. And then after 3 yrs, which is currently now (total of 8 yrs have pass), my sister is going to marry. We tried to ask an aleem about our situation. The aleem said that the separation by signing is just a symbol in our tribe but in islam, 40 days without fixing the relationship and no communication is already a separation or a divorce. So I want to ask what is your knowledge about this? Can we proceed the wedding even though there is no signatures from both parties of separation which is 8 yrs ago? Do we still need their permission because they didn’t ask us when the male married and i think we have different life to focus already.
Nyaaya
December 8, 2022
She can do second marriage only if her divorce petition is moved before the concerned court and is pending. Therefore, you can move a divorce petition first and then only proceed with the second marriage.
Second marriage would be illegal if there is no pending pending or decree of divorce. The Supreme Court has clarified that a second marriage is valid even only if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision.
Interpreting the Hindu Marriage Act, justices S.A. Bobde and L. Nageswara Rao, however, said, “The dissolution of the marriage is complete once the court finalises the order, subject of course to appeal. In case of dissolution of marriage, a second marriage shall be lawful only after the dismissal of the appeal”.
You can apply for the divorce petition as per your religion or as per the secular law of the country (THE DIVORCE ACT, 1869).
Azizzah
January 11, 2023
we are living in a catholic country that’s why her first marriage is not recognized nor legally recorded in our country’s law. they dont even have a record in government’s system. during her first marriage, we just purely followed our tradition, and this is witnessing the exchange of vows between the father of bride and groom.
முகமது அலி
August 8, 2023
என் பெயர் முஹம்மது அலி எனக்கு திருமணம் ஆகி நான்கு வருடங்கள் ஆகிறது ஒரு பெண் குழந்தை உள்ளது. திருமணம் ஆகி 4 நான்கு ஆண்டுகளில் என் மனைவி மூன்று மாதங்களில் குடும்பம் நடத்தியுள்ளார் இந்நிலையில் அவர் தாயார் வீட்டில் உள்ளார் இதற்காக பலமுறை பேசி உள்ளேன் ஜமாத்திலும் தெரியப்படுத்தி ஒரு பலனும் இல்லை இப்படி உள்ள நிலையில் நான் இரண்டாவது திருமணம் செய்து கொள்ளலாமா இதனால் சட்ட ரீதியாக ஏதும் பிரச்சனை வருமா
Alka Manral
August 5, 2024
In Islamic law, meeting the jamaat members or meeting elderly members of the family and community is essential for there to be mediation conducted between the involved parties. Such mediation is also required in case of Talak or Khula.
ಇಸ್ಲಾಮಿಕ್ ಕಾನೂನಿನಲ್ಲಿ, ಜಮಾತ್ ಸದಸ್ಯರನ್ನು ಭೇಟಿ ಮಾಡುವುದು ಅಥವಾ ಕುಟುಂಬ ಮತ್ತು ಸಮುದಾಯದ ಹಿರಿಯ ಸದಸ್ಯರನ್ನು ಭೇಟಿಯಾಗುವುದು ಒಳಗೊಂಡಿರುವ ಪಕ್ಷಗಳ ನಡುವೆ ಮಧ್ಯಸ್ಥಿಕೆ ನಡೆಸಲು ಅತ್ಯಗತ್ಯ. ತಲಾಕ್ ಅಥವಾ ಖುಲಾ ಪ್ರಕರಣದಲ್ಲೂ ಇಂತಹ ಮಧ್ಯಸ್ಥಿಕೆ ಅಗತ್ಯ.
ಮಧ್ಯಸ್ಥಿಕೆ ವಿಫಲವಾದರೆ, ವಕೀಲರನ್ನು ಸಂಪರ್ಕಿಸಲು ಪ್ರಯತ್ನಿಸಿ ಮತ್ತು ದಾಂಪತ್ಯ ಹಕ್ಕುಗಳ ಮರುಸ್ಥಾಪನೆಗಾಗಿ ಕಾನೂನು ಸೂಚನೆಯನ್ನು ಕಳುಹಿಸಿ ಮತ್ತು ಕುಟುಂಬ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಪ್ರಕರಣವನ್ನು ಸ್ಪರ್ಧಿಸಿ. ವೈವಾಹಿಕ ಹಕ್ಕುಗಳ ಮರುಸ್ಥಾಪನೆ, ವಿವಾಹದ ನಂತರ ವಿವಾಹದ ನಂತರ ಸಂಗಾತಿಗಳಲ್ಲಿ ಒಬ್ಬರು ಇನ್ನೊಬ್ಬರನ್ನು ತ್ಯಜಿಸಿದರೆ, ವೈವಾಹಿಕ ಹಕ್ಕುಗಳ ಮರುಸ್ಥಾಪನೆಗಾಗಿ ವೈವಾಹಿಕ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಅರ್ಜಿಯನ್ನು ಸಲ್ಲಿಸಲು ಬಾಧಿತ ಪಕ್ಷವು ಕಾನೂನುಬದ್ಧ ಹಕ್ಕನ್ನು ಹೊಂದಿರುತ್ತದೆ. ಈ ಹಕ್ಕನ್ನು ಯಾವುದೇ ಸಂಗಾತಿಗೆ ನೀಡಬಹುದು. ಮುಸ್ಲಿಂ ಕಾನೂನು ಮತ್ತು ಪಾರ್ಸಿ ವಿವಾಹ ಮತ್ತು ವಿಚ್ಛೇದನ ಕಾಯಿದೆ, 1936 ರ ಅಡಿಯಲ್ಲಿ ಸಿವಿಲ್ ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಮೊಕದ್ದಮೆ ಹೂಡಿದರೂ, ಮುಸ್ಲಿಂ ಕಾನೂನಿನ ನಿಬಂಧನೆಯು ಆಧುನಿಕ ಹಿಂದೂ ಕಾನೂನಿನ ಅಡಿಯಲ್ಲಿ ಬಹುತೇಕ ಒಂದೇ ಆಗಿರುತ್ತದೆ.
ಸಾಮಾನ್ಯವಾಗಿ, ಮುಸ್ಲಿಂ ಕಾನೂನಿನಲ್ಲಿ, ಮಹಿಳೆ ತನ್ನ ಪತಿ ಮತ್ತು ಕುಟುಂಬದಿಂದ ಆರು ತಿಂಗಳ ಅವಧಿಯವರೆಗೆ ದೂರ ಇರುವಂತಿಲ್ಲ. ನ್ಯಾಯಾಧೀಶರು ಅಥವಾ ನ್ಯಾಯಾಲಯವನ್ನು ಸಂಪರ್ಕಿಸುವ ಮೊದಲು ಒಬ್ಬರು ಸಾಮಾನ್ಯವಾಗಿ ಈ ಅವಧಿಯನ್ನು ಕಾಯಬೇಕು.
If mediation fails, try to contact a lawyer and send a legal notice for restitution of conjugal rights and contest the case in family court. Restitution of Conjugal Rights where after solemnisation of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouses. The provision of Muslim law is almost the same as under the modern Hindu law, though under Muslim law and the Parsi Marriage and Divorce Act, 1936 a suit shall lie in a civil court .
Ordinarily, in Muslim law, a woman cannot stay away from her husband and family for over a period of six months. One should ordinarily wait this period out before approaching a judge or a court.
షేక్ అహ్మద్
August 15, 2023
నేను గత సంవత్సరం నా మొదటి భార్య నాకు ఖులా ఇచ్చినది తదనంతరం నేను మరొక వివాహం చేసుకున్నాను ఏడు నెలల తర్వాత నా మొదటి భార్య వేరొక పెళ్లి చేసుకున్నది మాకు ఇద్దరు సంతానం పిల్లలు ప్రస్తుతం నా వద్దనే ఉన్నారు మాకు ఇరువురి పేరున ఒక ఇల్లు కలదు అయితే తాను వివాహం చేసుకున్నందున ఆ ఇంటిపై ఆమెకు ఏవైనా హక్కులు ఉంటాయా ఒకవేళ ఆమెకు హక్కులు ఏమైనా ఉంటే పిల్లలకు ఆమె ఏవిధంగా తోడ్పడాలి దయచేసి తెలుపగలరు
Alka Manral
July 29, 2024
ಖುಲಾ ಒಪ್ಪಂದವು ಜಂಟಿ ಆಸ್ತಿಯ ವಿಭಜನೆಯನ್ನು ಸ್ಪಷ್ಟವಾಗಿ ತಿಳಿಸಿದರೆ, ಆ ಒಪ್ಪಂದದ ನಿಯಮಗಳು ಜಂಟಿ ಆಸ್ತಿಗೆ ಏನಾಗುತ್ತದೆ ಎಂಬುದನ್ನು ನಿರ್ದೇಶಿಸುತ್ತದೆ ಅಥವಾ ಜಂಟಿ ಆಸ್ತಿಯನ್ನು ವಿಚ್ಛೇದನದ ನಂತರ ಸಂಗಾತಿಗಳ ನಡುವೆ ಸಮಾನವಾಗಿ ವಿಂಗಡಿಸಬಹುದು, ಯಾರು ನಿರ್ಧರಿಸಿದಂತೆ ವಿಚ್ಛೇದನವನ್ನು ಪ್ರಾರಂಭಿಸಿದರು ನ್ಯಾಯಾಲಯ.
ಮಕ್ಕಳ ಬೆಂಬಲಕ್ಕಾಗಿ:
ಖುಲಾ ಒಪ್ಪಂದವು ಮಕ್ಕಳ ಬೆಂಬಲದ ಮೊತ್ತವನ್ನು ನಿರ್ದಿಷ್ಟಪಡಿಸಬಹುದು ಅಥವಾ ಸಂಗಾತಿಗಳಿಬ್ಬರಿಂದ ಎಷ್ಟು ಹಣಕಾಸಿನ ಕೊಡುಗೆಗಳ ಅಗತ್ಯವಿದೆ ಎಂಬುದನ್ನು ವಿವರಿಸಬಹುದು ಅಥವಾ ಮಕ್ಕಳ ಬೆಂಬಲದ ಕುರಿತು ಖುಲಾ ಒಪ್ಪಂದವು ಮೌನವಾಗಿದ್ದರೆ, ನ್ಯಾಯಾಲಯವು ನಿಮ್ಮ ಮತ್ತು ನಿಮ್ಮ ಮಾಜಿ-ಪತ್ನಿಯ ಆದಾಯದ ಆಧಾರದ ಮೇಲೆ ನ್ಯಾಯಯುತ ಮೊತ್ತವನ್ನು ನಿರ್ಧರಿಸಬಹುದು.
If the khula agreement explicitly addresses the division of joint property, then the terms of that agreement would dictate what happens to the joint property or the joint property may be divided equitably between the spouses upon divorce, regardless of who initiated the divorce as decided by the court.
For child support:
Khula agreement might specify the child support amount or outline how much financial contributions is needed from both the spouses or if the Khula agreement is silent on child support, the court could determine a fair amount based on both your and your ex-wife’s income.
Alka Manral
September 2, 2024
ಮಹಿಳೆಯು ಖುಲಾವನ್ನು ಪಡೆದಿದ್ದರೆ (ಇಸ್ಲಾಮಿಕ್ ಕಾನೂನಿನಡಿಯಲ್ಲಿ ಹೆಂಡತಿಯಿಂದ ಪ್ರಾರಂಭಿಸಿದ ವಿಚ್ಛೇದನದ ರೂಪ) ಮತ್ತು ನಂತರ ಮರುಮದುವೆಯಾದರೆ, ಆಕೆಯ ಮರುಮದುವೆಯಿಂದಾಗಿ ಅವಳ ಮಾಜಿ ಪತಿಯೊಂದಿಗೆ ಜಂಟಿಯಾಗಿ ಒಡೆತನದ ಆಸ್ತಿಯ ಮೇಲಿನ ಅವಳ ಹಕ್ಕುಗಳು ಸ್ವಯಂಚಾಲಿತವಾಗಿ ನಿಲ್ಲುವುದಿಲ್ಲ. ಆಸ್ತಿಯ ಮೇಲಿನ ಕಾನೂನು ಹಕ್ಕುಗಳು ಆಸ್ತಿಯನ್ನು ಹೇಗೆ ಸ್ವಾಧೀನಪಡಿಸಿಕೊಂಡಿತು ಮತ್ತು ಅದನ್ನು ಯಾರ ಹೆಸರಿನಲ್ಲಿ ನೋಂದಾಯಿಸಲಾಗಿದೆ ಎಂಬುದರ ಮೇಲೆ ಅವಲಂಬಿತವಾಗಿರುತ್ತದೆ.
ಮನೆಯನ್ನು ಎರಡೂ ಹೆಸರಿನಲ್ಲಿ ನೋಂದಾಯಿಸಿದರೆ, ಮೊದಲ ಹೆಂಡತಿ ತನ್ನ ಮರುಮದುವೆಯನ್ನು ಲೆಕ್ಕಿಸದೆ ತನ್ನ ಆಸ್ತಿಯ ಪಾಲಿನ ಮೇಲೆ ತನ್ನ ಮಾಲೀಕತ್ವದ ಹಕ್ಕುಗಳನ್ನು ಉಳಿಸಿಕೊಳ್ಳುತ್ತಾಳೆ. ಆಸ್ತಿ ಜಂಟಿಯಾಗಿ ಒಡೆತನದಲ್ಲಿದೆ ಎಂದರೆ ಅವಳು ಅದರಲ್ಲಿ ಕಾನೂನು ಪಾಲನ್ನು ಹೊಂದಿದ್ದಾಳೆ ಎಂದರ್ಥ. ಆಕೆಯ ಮರುಮದುವೆಯಿಂದ ಆಸ್ತಿಯ ಮೇಲಿನ ಅವಳ ಹಕ್ಕುಗಳು ಪರಿಣಾಮ ಬೀರುವುದಿಲ್ಲ ಮತ್ತು ಅವಳು ಹಾಗೆ ಮಾಡಲು ನಿರ್ಧರಿಸಿದರೆ ಅವಳು ತನ್ನ ಆಸ್ತಿಯ ಪಾಲನ್ನು ಪಡೆಯಬಹುದು.
ಹೆಚ್ಚಿನ ಸಂದರ್ಭಗಳಲ್ಲಿ, ಆಸ್ತಿಯನ್ನು ಹೇಗೆ ವಿಭಜಿಸುವುದು ಅಥವಾ ವರ್ಗಾಯಿಸುವುದು ಎಂಬುದರ ಕುರಿತು ಪಕ್ಷಗಳು ಒಪ್ಪಿಗೆ ನೀಡುವಲ್ಲಿ ಇತ್ಯರ್ಥಕ್ಕೆ ಸಲಹೆ ನೀಡಲಾಗುತ್ತದೆ.
If a woman has obtained khula (a form of divorce initiated by the wife under Islamic law) and later remarries, her rights over jointly owned property with her former husband do not automatically cease due to her remarriage. The legal rights over the property depend on how the property was acquired and in whose name it is registered.
If the house is registered under both names, the first wife retains her ownership rights over her share of the property, regardless of her remarriage. The fact that the property is jointly owned means that she has a legal stake in it. Her rights over the property are not affected by her remarriage, and she can claim her share of the property if she chooses to do so.
In most cases, a settlement is advised where the parties agree on how to divide or transfer the property.
Fathima
September 1, 2024
என் பெயர் பாத்திமா . எனக்கு முதல் திருமணம் அவர் inoru பெண்ணை தொடர்பில் இருதார் ,குலா kuduthutean.
இரண்டாவது திருமணம் பன்னே .. ஒரு குழந்தை உள்ளது . சிறிது நாள் முன் அவரும் இறந்துட்டார் . வீட்டுல அடுத்த கல்யாணம் பண்ண சொல்கிறார்கள் . எனக்கு வயது 26 . நான் மூணாவது திருமணம் பண்ண முடியுமா . வரன் பார்கயில் 2வது திருமணம் என்று சொல்ல சொல்கிறார்கள் . என்னோட தாய் ,தந்தை .. திருமணம் முடிக்கையில் திருமண பத்திரத்தில் நான் முண்ணவது திருமணம் என்று எழுதி இருக்குமா .. கொஞ்சம் வில்லகம் தரவும் இன்ஷா அல்லாஹ்
Shuaib
June 23, 2023
My wife was the one who asked me to marry her both of us feels that i am the one that suppose to asked her to marry me can we get divorce and get remarried to each other immediately again
Alka Manral
June 25, 2024
• A Muslim man can remarry the same woman after divorce after she follows the iddat period (3 months from the date that divorce is pronounced by the husband).
• In some instances, clerics may insist on the wife performing nikah halala before marrying the same person. This practice prescribes that the woman must marry another person, consummate the marriage, and the new husband must pronounce divorce for the woman to become eligible for remarrying her former husband. This is a prohibition on remarriage to the same person but it is not widely practiced.
முகம்மது இக்பால்
July 3, 2023
என் மனைவியை ஒவ்வொரு மாத இடைவெளியில் மூன்று முறை தலாக் சொல்லி கடிதம் அனுப்பினேன். மூன்றையும் பெற்று கொண்டு எந்த பதிலும் எனக்கு அளிக்கவில்லை. இந்த தலாக்கை உறுதி(Validity) செய்து தரும்படி குடும்பநல நீதிமன்றத்தில் மனு செய்துள்ளேன். இது நிலுவையில் உள்ள நிலையில் நான் மறுமணம் செய்துகொள்ளலாமா? இதில் சட்டசிக்கல் ஏதாவது வருமா?
Faryad
July 20, 2023
Salam my question is that
A girl get in nikkah 13 years ago with a person and before rukhsati she took khullah and and now they both want to get in nikkah so does she has to get in nikkah with other person and after getting divorce from him she can get in nikkah with the same person or she can directly get in nikkah with her old husband
Sikha
November 8, 2024
Wa Alaikum Assalam,
To address this, we need to consider the relevant provisions of Islamic law:
Khula and Talaq (Divorce):
Khula is a form of divorce initiated by the wife in exchange for returning her dower (mahr) or another form of compensation to the husband.
According to most Islamic scholars, once Khula is granted and the Iddah (waiting period) is completed, the marriage is irrevocably terminated.
Marriage Before Consummation:
If the marriage was not consummated, the rules for remarriage differ from those of a consummated marriage.
In the case of a non-consummated marriage, the woman does not need to observe the Iddah period (a waiting period after divorce or husband’s death).
Remarriage After Khula:
After Khula, if the couple wishes to remarry, they can do so without the requirement of Halala (marrying another man, consummating that marriage, and then getting a divorce before remarrying the first husband).
This is because Halala is only required if the husband has pronounced a triple talaq (Talaq-e-Mughallazah), which makes the divorce irrevocable, and the wife must marry another man and be divorced by him to remarry her first husband. In the case of Khula, this condition does not apply.
Based on the above provisions, the woman can directly get in Nikah with her previous husband without needing to marry another person first.
Conclusion: The woman can directly enter into a new Nikah with her previous husband without the requirement of Halala, as their previous marriage was not consummated, and the separation was through Khula, not through a triple talaq.
sana
August 14, 2023
What is a person’s legal marriage situation if their spouse is assumed to be dead, the original person gets remarried, and the old spouse is found to actually be alive
Alka Manral
July 29, 2024
Whether a second marriage is valid or not depends on whether the first spouse was legally declared dead. If the first spouse was officially declared dead by a court, the second marriage is usually considered valid in most places. Without this legal declaration, the second marriage could be invalid because it might be seen as having two spouses at once.
If someone wants to marry again and their spouse has been missing for seven years with no contact, they must inform their new partner about this. This is crucial because whether the missing spouse can be legally presumed dead affects the validity of the second marriage.
Alka Manral
September 2, 2024
In the Indian legal context, if a person remarries after their spouse is assumed to be dead, and the presumed dead spouse reappears, the situation is addressed under Section 494 of the Indian Penal Code (IPC) (S. 82 of BNS), which deals with bigamy. Legally, the first marriage remains valid, and the second marriage becomes void upon the reappearance of the first spouse.
However, if the second marriage was conducted believing the first spouse to be dead, the individual might not face criminal liability for bigamy. If the first spouse was officially declared dead by a court, the second marriage is usually considered valid in most places. Without this legal declaration, the second marriage could be invalid because it might be seen as having two spouses at once.
Section 108 of the Indian Evidence Act, 1872, allows a person to be presumed dead if they have not been heard from for seven years. If this presumption was the basis for the second marriage, the person would typically not be penalized. The legal recourse in such cases involves annulling the second marriage, as it becomes void when the first spouse returns. The person may need to seek legal separation or divorce from the first spouse if they no longer wish to continue the marriage.
Sikha
December 10, 2024
In the Indian legal context, if a person remarries after their spouse is assumed to be dead, and the presumed dead spouse reappears, the situation is addressed under Section 494 of the Indian Penal Code (IPC) (S. 82 of BNS), which deals with bigamy. Legally, the first marriage remains valid, and the second marriage becomes void upon the reappearance of the first spouse.
However, if the second marriage was conducted believing the first spouse to be dead, the individual might not face criminal liability for bigamy. If the first spouse was officially declared dead by a court, the second marriage is usually considered valid in most places. Without this legal declaration, the second marriage could be invalid because it might be seen as having two spouses at once.
Section 108 of the Indian Evidence Act, 1872, allows a person to be presumed dead if they have not been heard from for seven years. If this presumption was the basis for the second marriage, the person would typically not be penalized. The legal recourse in such cases involves annulling the second marriage, as it becomes void when the first spouse returns. The person may need to seek legal separation or divorce from the first spouse if they no longer wish to continue the marriage.
Aamina Khannum
August 21, 2023
I got triple talaq at three different months after period of iddah i got married with a man online now my 2nd hsbnd told me to wait upto 4 yrs to meet due to his studies issues.. But i cnt wait upto 3-4 yrs alone in a country without mehram as i m revrt and dnt live with my prnts.. So now i want to re marry with my first hsbnd and he also wants the same.. So my qstn is can i re marry with him without physical relationship with my 2nd hsbnd? As here local molvis told tht physical relationship with 2nd hsbnd is mandatory
. Plz reply
Alka Manral
September 3, 2024
In order to remarry your first husband, unfortunately the opinion of your local Maulvis does have legal bearing. You may need to consummate the marriage with your second husband before divorcing him, depending on how mandatory your local Shariat scholars/ Maulvis believe it is. There are some scholars that believe Nikah Halala is not necessary but there is no uniform consensus among Muslim law scholars. As the position of law stands currently, though the practice of Nikah Halala does not find explicit mention under the Muslim Personal Law (Shariat) Application Act 1937, this legislation does provide wide ranging validity to such practices under Shariat (Muslim Personal Law). However, it would be beneficial to obtain the opinion of your local shariat expert/ mufti/ ulema on this matter.
Moinul Haque Nizami
August 21, 2023
A Muslim Women not living with her husband since four year and Marry with another Person without divorce What is the remedy for her first husband please guide
Alka Manral
September 3, 2024
Under Muslim law, the husband is free to divorce the wife due to her adulterous conduct. Talaq-ul-Sunnat in either the Hasan or Ahasan format is considered the most appropriate form of divorce as per the Indian courts. The wife can also be denied maintenance since adultery is considered an exception under S125 of the Criminal Procedure Code. Please note that if the allegation of adultery by the husband is found to be false, the wife has the right to herself initiate divorce through Lian or under the ground of cruelty as provided in the Dissolution of Muslim Marriages Act 1939.
marziya
August 21, 2023
can remarriage possible with ex husband after mubarat?
Alka Manral
September 3, 2024
You have to follow the iddat period after a divorce. After the iddat period is over, you can remarry your husband again.There are some scholars that believe Nikah Halala is not necessary but there is no uniform consensus among Muslim law scholars. As the position of law stands currently, though the practice of Nikah Halala does not find explicit mention under the Muslim Personal Law (Shariat) Application Act 1937, this legislation does provide wide ranging validity to such practices under Shariat (Muslim Personal Law). However, it would be beneficial to obtain the opinion of your local shariat expert/ mufti/ ulema on this matter.
Umme ubaid
September 3, 2023
Assalam o alaikum i want to ask u that after how much time wife can get propert of her husband after husbands death. Is it necessary to wait for children become 18
Rofiat Shittu
September 8, 2023
My husband has tell me several with hanger that he divorced me and he has wrote me divorced letter ones can I still continue with the marriage
Alka Manral
September 3, 2024
No, there is no valid divorce until the husband files for divorce in a court of law. The letters do not mean anything. Your marriage is still subsisting.
Aamier
September 20, 2023
Hello
I am a Muslim guy and married, my wife went to her home with my kids and does wanna come back due to some stupids reasons, can I remarry being a already married man??
Alka Manral
September 2, 2024
Under Muslim Personal Law, Muslim men are permitted to have more than one wife. This is recognized under Indian law, and no legal permission is required from your first wife to marry again.
Humayun Khan
October 3, 2023
I have a non Muslim friend and he asked me what is the logic behind 3 months wait for woman after divorce. Please give an answer based on any scientific evidence or any other reason as she is non Muslim and doesn’t understand the laws of Allah
Alka Manral
September 2, 2024
this is to make sure that if the woman does have a child, it is easy to identify the father of the child because of the wait(iddat) . it is also applied to widowed woman for the same and to provide grieving period.
Saahil
October 20, 2023
Assalamualaikum
My name is saahil , one of my college friend ( Hindu girl ) has been married a Hindu man last year , but now unfortunately her husband has lost his life in an road accident, and now one of my Muslim friend ( friend of her also) he wants to take care of her future and want to marry her , is ther any possibilities for this
Lo
October 26, 2023
Assalamu walikom , I am married.And Lately i found out that my husband got married to his cousin without telling me he tried to hide it . It broke my heart , I asked for divorce but he doesn’t want to.Hes Been jobless and I am working im handling our expenses .Help me is that cheating? Betrayal? I want a divorce by knowing he married 2 wives but he cant provide .
Sara
November 6, 2023
I’m 27 years old women and have a 3.3 year old son. My husband has married a women without my knowledge and permission when I found it I had filed a case on my husband and in laws. They are now pretending in the court that my husband has legally gave me talaq which is not at all true with the help of the jamai’t members they just gave a paper to the court in which it has mentioned that this person has given talaq to this lady where there is no signature of mine or my husband . So how do I handle this situation legally and according to Islam.
KM SHRISHTI
November 22, 2023
sir i am bachelor hindu and i want to marry a married muslim without divorce is that possible
Naif Zakarie
November 28, 2023
If all three dalkah of the nikkah is over and that woman marry to another man, then that second man divorces her, can her first man remarry her? If so, how many new dalkah they’ll possess? Another three or one?
Arman Raymi
February 25, 2024
Certainly! Here’s the refined version:
“Hi! What if they were living together, but she never accepted him as her husband, and he knew about this. Now, she’s getting divorced. Is she allowed to get remarried directly after the divorce, or does she still have to wait for the customary three-month waiting period (Iddah)?
Alka Manral
April 26, 2024
If your husband has died or you are no longer married to him through valid procedures of divorce and you want to marry another man then you have to follow certain conditions:
Iddat
The wife cannot remarry immediately but has to wait for a certain period known as ‘iddat’.It is the period during which a Muslim woman cannot marry another man or have sexual intercourse with anyone.When your husband dies, you will have to observe an iddat period of four months and ten days from the date of your husband’s death. When you divorce your husband (and he doesn’t die) then the iddat period is three months from the date your husband says the word ‘talaq’.If you are pregnant during this iddat period, then after your child has been born your iddat period will begin.
Alka Manral
May 29, 2024
Free consent of the partners is a necessary condition for a valid Muslim marriage. However, under Hanafi law, if the consent is not free and is obtained by fraud or compulsion, the marriage would not be void. However, the marriage would be considered as irregular. Under Shia and Shafi law, such marriages where consent was obtained through fraud or compulsion are void.
In this case, if the marriage is entered without free consent and is void, then she can forego the iddah period.
However, if the marriage turns out to be valid (i.e. if she had accepted him as her husband through some conduct), then she has to go through the iddah period. Iddat period is a period after divorce in a Muslim marriage where the wife is not allowed to marry anyone else or have sexual intercourse with anyone. Only women have to follow the Iddat period under the Muslim Law. The iddah period is:
1. Three months from the date of divorce.
2. If she is pregnant during this iddat period, then until the date of delivery.
Sikha
December 7, 2024
Free consent of the partners is a necessary condition for a valid Muslim marriage. However, under Hanafi law, if the consent is not free and is obtained by fraud or compulsion, the marriage would not be void. However, the marriage would be considered as irregular. Under Shia and Shafi law, such marriages where consent was obtained through fraud or compulsion are void.
In this case, if the marriage is entered without free consent and is void, then she can forego the iddah period.
However, if the marriage turns out to be valid (i.e. if she had accepted him as her husband through some conduct), then she has to go through the iddah period. Iddat period is a period after divorce in a Muslim marriage where the wife is not allowed to marry anyone else or have sexual intercourse with anyone. Only women have to follow the Iddat period under the Muslim Law. The iddah period is:
1. Three months from the date of divorce.
2. If she is pregnant during this iddat period, then until the date of delivery.
Idris Mohammed
March 10, 2024
Assalamu alaikum. What is the position of shariah about a woman who has been divorced 3 at a single pronouncement by her first husband, which of course become 1 divorce according to an Hadith of the prophet (S.A.W). Due to ignorance she has remarried to another man.
Flower
April 6, 2024
If the husband cheated on the wife and then left and moved in with a completely different woman within days but the woman stayed loyal still to this day after months how would this affect the man after no settlement was made?
Alka Manral
May 30, 2024
The husband’s actions would significantly affect the wife’s legal standing in a potential divorce case.
1. Grounds for Divorce: Adultery is considered a valid ground for divorce under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. The wife can file for divorce citing this as the reason.
2. No Fault Required: Unlike some legal systems, India doesn’t require the wife to prove her innocence or blame for the breakdown of the marriage. The husband’s infidelity itself is sufficient grounds.
3. Settlement Not Mandatory: There’s no legal requirement for a settlement before a divorce. However, the wife can claim:
a. Maintenance: If financially dependent, the wife can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 or the Hindu Adoption and Maintenance Act, 1956.
b. Custody: If there are children, the wife can seek child custody during the divorce proceedings.
Sikha
December 7, 2024
The husband’s actions would significantly affect the wife’s legal standing in a potential divorce case.
1. Grounds for Divorce: Adultery is considered a valid ground for divorce under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. The wife can file for divorce citing this as the reason.
2. No Fault Required: Unlike some legal systems, India doesn’t require the wife to prove her innocence or blame for the breakdown of the marriage. The husband’s infidelity itself is sufficient grounds.
3. Settlement Not Mandatory: There’s no legal requirement for a settlement before a divorce. However, the wife can claim:
a. Maintenance: If financially dependent, the wife can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 or the Hindu Adoption and Maintenance Act, 1956.
b. Custody: If there are children, the wife can seek child custody during the divorce proceedings.
Sidra
April 25, 2024
Hi, my husband has divorced me since 2020 but the legal procedures as far as I know was not proceeded in the Sharia Court. And now I meet this one guy, who love me and wants to marry me. Can I re-marry?
Alka Manral
June 10, 2024
Yes, a second marriage for the woman is allowed under Muslim Law but not immediately. The law on this is concretised in The Muslim Women (Protection of Rights on Divorce) Act, 1986. But all this hinges on the existence of a confirmed and valid divorce. If you have obtained a valid divorce then the procedure to remarry is:
1. You must follow the iddat period as under section (2)(b):
If you are not pregnant and your ex-husband is alive, it is three months.
If you are pregnant, the iddat period begins after delivery.
2. Given that you were divorced back in 2020, the waiting period is likely fulfilled.
Therefore, you can marry another man.
Sikha
December 7, 2024
Yes, a second marriage for the woman is allowed under Muslim Law but not immediately. The law on this is concretised in The Muslim Women (Protection of Rights on Divorce) Act, 1986. But all this hinges on the existence of a confirmed and valid divorce. If you have obtained a valid divorce then the procedure to remarry is:
1. You must follow the iddat period as under section (2)(b):
If you are not pregnant and your ex-husband is alive, it is three months.
If you are pregnant, the iddat period begins after delivery.
2. Given that you were divorced back in 2020, the waiting period is likely fulfilled.
Therefore, you can marry another man.
Fathima
September 1, 2024
என் பெயர் பாத்திமா . எனக்கு முதல் திருமணம் அவர் inoru பெண்ணை தொடர்பில் இருதார் ,குலா kuduthutean.
இரண்டாவது திருமணம் பன்னே .. ஒரு குழந்தை உள்ளது . சிறிது நாள் முன் அவரும் இறந்துட்டார் . வீட்டுல அடுத்த கல்யாணம் பண்ண சொல்கிறார்கள் . எனக்கு வயது 26 . நான் மூணாவது திருமணம் பண்ண முடியுமா . வரன் பார்கயில் 2வது திருமணம் என்று சொல்ல சொல்கிறார்கள் . என்னோட தாய் ,தந்தை .. திருமணம் முடிக்கையில் திருமண பத்திரத்தில் நான் முண்ணவது திருமணம் என்று எழுதி இருக்குமா .. கொஞ்சம் வில்லகம் தரவும் இன்ஷா அல்லாஹ்