Islamic’s Law of Remarried Without Divorce

Marriage life for some people can be so complicated. Problem by problem can cause something different to a married couple’s life. This can be a dilemma for them. For some reason, they don’t want to get a divorce but on the other hand, it may kill them so much.

On the contrary, this married couple some time do a rude behavior such as cheating from their spouse. This kind of act is not forgivable in some societies. Besides, no one will desire to accept their partner that already cheating. But, sometimes reality is hard more than a drama such as if you married without parents’ blessing.

Sometimes they do cheating because they are not happy with their current spouse. But for some reason, they don’t want to live their marriage life. That is why for some people they need a law of remarried without divorce. But, is it legal to do that? How Islam face this problem based on the Quran?

The Basic Law of Remarried

The remarry concept in the Quran surah Al Baqarah verse 230 mentions that it has to be done with the law from Allah. This basic law is useful for them who already getting a divorce and remarry their divorced spouse. But, the point is, they have to divorce first then can be lawful to marry another or even their spouse before.

فَاِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنْۢ بَعْدُ حَتّٰى تَنْكِحَ زَوْجًا غَيْرَهٗ ۗ فَاِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ اَنْ يَّتَرَاجَعَآ اِنْ ظَنَّآ اَنْ يُّقِيْمَا حُدُوْدَ اللّٰهِ ۗ وَتِلْكَ حُدُوْدُ اللّٰهِ يُبَيِّنُهَا لِقَوْمٍ يَّعْلَمُوْنَ – ٢٣٠

“Then if he divorces her, then the woman is not lawful anymore before she marries another husband. Then if the other husband divorces him, then there is no sin for the couple (first husband and ex-wife) to remarry if all accept that they can use God’s laws. These are the provisions of Allah which He accepts for those who are knowledgeable.”

In the Quran, surah Al Baqarah verse 229 mentions that is not lawful to take back what you already decide with the divorce. If they avoid this, they should take some manners in talking and its verses based on the Quran to communicate properly with their spouse.

وَلَا يَحِلُّ لَكُمْ اَنْ تَأْخُذُوْا مِمَّآ اٰتَيْتُمُوْهُنَّ شَيْـًٔا اِلَّآ اَنْ يَّخَافَآ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۗ فَاِنْ خِفْتُمْ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۙ فَلَا جُنَاحَ عَلَيْهِمَا فِيْمَا افْتَدَتْ بِهٖ ۗ تِلْكَ حُدُوْدُ اللّٰهِ فَلَا تَعْتَدُوْهَا ۚوَمَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَاُولٰۤىِٕكَ هُمُ الظّٰلِمُوْنَ – ٢٢٩

“It is not lawful for you to take back what you have given them, apart from (husband and wife) the fear of not being able to live God’s laws. If you (saints) are worried about not being able to carry out God’s laws, then you don’t need to sign for the payment (must) be given by the wife to redeem herself. These are God’s laws, so do not break them. Whoever overcomes the laws of Allah, they are wrongdoers.”

Typical of Marriage Couple

There are typical of married couples that already exist since a long time ago. Polygamy may become popular ones since it writes in the Quran. In the Quran surah, An Nisa verse 3 mention about this,

وَاِنْ خِفْتُمْ اَلَّا تُقْسِطُوْا فِى الْيَتٰمٰى فَانْكِحُوْا مَا طَابَ لَكُمْ مِّنَ النِّسَاۤءِ مَثْنٰى وَثُلٰثَ وَرُبٰعَ ۚ فَاِنْ خِفْتُمْ اَلَّا تَعْدِلُوْا فَوَاحِدَةً اَوْ مَا مَلَكَتْ اَيْمَانُكُمْ ۗ ذٰلِكَ اَدْنٰٓى اَلَّا تَعُوْلُوْاۗ – ٣

“And if you are worried that you will not be able to be fair to the rights of orphaned women (if you marry them), then marry the (other) women that you like: two, three or four. But if you are worried that you will not be able to be fair, then (marry) only one, or female slave you have. That is closer so that you do not do wrong.”

The point of that verse is about remarried context become a polygamist. It says that is the best way to only marry one person and become closer to Allah. That because sometimes becomes a polygamist is hard to achieve while we should try to be fair enough to all of our spouses.

Besides of the polygamy, there also bigamy. Commonly, if you remarry other people legally before getting a divorce from your current spouse, you will become a bigamist. This is just like polygamy but has a different point and different matters.

In polygamy, the remarry is happen with the arrangement and the current spouse already knew it. They willingly accept the remarry, but in the bigamy, the current spouse commonly does not aware or truly not know about it.

This will be a hurtful thing for women and it’s forbidden to do that. Things that are forbidden in marriage and its verses already mentions in the Quran.

The Price Should Pay Properly for Divorced Women

Every woman that is divorced should get the appropriate compensation or divorce settlement. For some countries, the charges are so high and become hard to achieve. Even in the Quran surah Al Baqarah verse 240 – 241 mentions about this.

وَالَّذِيْنَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُوْنَ اَزْوَاجًاۖ وَّصِيَّةً لِّاَزْوَاجِهِمْ مَّتَاعًا اِلَى الْحَوْلِ غَيْرَ اِخْرَاجٍ ۚ فَاِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِيْ مَا فَعَلْنَ فِيْٓ اَنْفُسِهِنَّ مِنْ مَّعْرُوْفٍۗ وَاللّٰهُ عَزِيْزٌ حَكِيْمٌ – ٢٤٠

“And those who will die among you and leave their wives will make a will for their wives, (ie) make a living for a year without taking them out (from the house). But if they go out (alone), then there is no sin for you (regarding what) they have done to themselves in good things. Allah is mighty, all-wise.”

وَلِلْمُطَلَّقٰتِ مَتَاعٌ ۢبِالْمَعْرُوْفِۗ حَقًّا عَلَى الْمُتَّقِيْنَ – ٢٤١

“And divorced women should be given mut‘ah in an appropriate manner, as an obligation for the pious.”

Based on that verse, paying some charges for divorced women is the thing they must pay. In modern society, people will compare it to government law as the applicable law in their country. The charges will decide by the judge, and the men that want to divorce his wife have to pay it.

For some reason, people not always obey the rules. That is why the do the remarried without even getting a divorce from their spouse. Even though it will hurt their spouse, some of them not care about this. In the Quran, surah Al Baqarah verse 231 says that they have to divorce their women properly. It is the best way to not hurt them. Besides, as Muslims, they should do the kinds of manners in Islam and its verses.

وَاِذَا طَلَّقْتُمُ النِّسَاۤءَ فَبَلَغْنَ اَجَلَهُنَّ فَاَمْسِكُوْهُنَّ بِمَعْرُوْفٍ اَوْ سَرِّحُوْهُنَّ بِمَعْرُوْفٍۗ

“And if you divorce your wives, then come to the (end) of their idols, then hold them in a good way, or divorce them in a good way (too)…”

So, there is some Islam’s point of view recite from the Quran as the law of remarried without divorce. Let’s be wiser before deciding everything such as a mention in the blessing virtues of Surah Al Mulk.