Q: I married a hindu who became muslim in England because she was in love with me. As soon as she became Muslim she started having many arguments with me, and was angry with anything I did with my first wife and she even tried overdosing. After I did not agree with her behaviour, which included terrible sexual insults. It has been 1 month since my first wife went back to her family in India and is keen for me to take her back, which I would be prepared to. I did warn her that that we divorced – I want to know whether we are. If I was to meet her and we made love would that be permissible as there is uncertainty whether it is three divorces or two, whilst the other comments reiterated previous warnings.
A: The amount of divorces that you are certain about is valid. If you have divorced less than three times and you have kept away from each other for over three monthly courses then it is not permissible for you to have any type of relationship until and unless you renew the nikaah.
And Allah Ta’ala (الله تعالى) knows best.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّـهِ فَلَا تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّـهِ فَأُولَـئِكَ هُمُ الظَّالِمُونَ ﴿البقرة: ٢٢٩﴾
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)