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My husband intends remarrying his first wife

Q: I am facing a difficulty in marriage. My husband had a love marriage before, then for some reasons they split up and he got married to me. Its been 6 years now and we have two kids but my husband have never forgot her and he mistreats me when he thinks of her. Now after 7 years of their split up he has contacted her and asked her to marry him again. In this country there is no rule for two wives and I also heard that in Islam it is allowed if you can treat them equally, which is not possible here. She has told him not to do so and fix his relation with me but he is still insisting on her by sending her love mails etc. I am worried about myself and my kids and cannot find any way, besides I feel like it is not possible for me to leave him as I love him and he is the father of my kids. Even he knows that his relation with her won’t last for long but still there is some thing that is pulling him in that direction. I am reciting “Surah Dahr” 11 times for 11 days and “Ya Wadoodo” 41 times every day. In anger he has said several times that he divorced me but he doesn’t believe that one can be divorced just by saying. If some one can help me in this I will be great full.

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A: If your husband issued the divorce even though it was in anger, the divorce is valid.

And Allah Ta’ala (الله تعالى) knows best.

الطلاق على ضربين صريح وكناية فالصريح قوله أنت طالق ومطلقة وطلقتك فهذا يقع به الطلاق الرجعي … ولا يفتقر إلى النية (الهداية 2/359)

وأما الضرب الثاني وهو الكنايات لا يقع بها الطلاق إلا بالنية أو بدلالة الحال (الهداية 2/373)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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