If a husband divorces his wife by divorcing one or two then the husband has the right to reconcile with his wife, as long as it is still iddah, both the wife of ridha and not ridha.
However, if the triple divorce already falls then the husband has no right to refer to his wife, until the wife is married by another man. Allah says,
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره
“If he divorces his wife (divorce three) then it is not lawful for him after that, until he marries another man ….” (Q.S. Al-Baqarah: 230)
This woman’s marriage to a second man may be a condition to be able to refer to the first husband, provided that:
1. In the marriage that must be done relationship between the body, between the woman with a second husband.
Based on the hadith from Aishah, that there is a friend named Rifa’ah, who married a woman. Then, he divorced his wife until the third time. This woman, then married to another man, but the man was impotent and lack of enthusiasm in intercourse. Read more about Virtues of Childbirth in Islam
He also reported this to the Prophet sallallaahu ‘alaihi wa sallam, in the hope of divorcing and could return with Rifa’ah. However, the Prophet sallallaahu ‘alaihi wa sallam said,
“You want to be able to return to Rifa’ah? Should not! Until you feel the honey and he (the second husband) feels your honey. “(H.R. Bukhari, Muslim, An-Nasa’i, and At-Turmudzi)
2. The meaning of “you feel the honey and he feels your honey” is to have sex.
This marriage is done naturally, without any engineering from ex husband and second husband.
If there is engineering then this kind of marriage is called as “tahlil marriage”; the second man who married the woman, because of engineering, was called “muhallil”; first husband is called “muhallal lahu”. The marriage law of tahlil is haram, and the marriage is considered void. Read more about Virtues of Feeding The Poor in Islam
Ibn Qudama says,
“Married muhallil is haram, void, in the opinion of most scholars. Among them are: Hasan Al-Bashri, Ibrahim An-Nakha’i, Qatadah, Imam Malik, Sufyan Ats-Tsauri, Ibn Mubarak, and Imam Ash-Shafi’i. “(Al-Mughni, 7: 574)
In fact, the Prophet sallallaahu ‘alaihi wa sallam threatened the people who became muhallil and muhallal lahu. From Ali ibn Abi Talib, the Prophet sallallaahu ‘alaihi wa sallam said,
“Allah cursed muhallil and muhallal lahu.” (H.R. Abu Daud, considered valid by Al-Albani)
[AdSense-B]
In fact, it has included the act of “fabricating” when there is a man marrying a divorced three-woman, with the intention of divorcing in order to return to the first husband, even though the first husband does not know. Read more about Laws for Women Safar Without Mahram
3. Refer to one or two divorces only, whether the divorce is directly from the husband or from the judge.
4. Refer from the wife who was yelled in the circumstances never sex.
If the divorced wife has never been pursued, then there is no reconciliation. Thus according to the scholars’ agreement.
5. References are made during the ‘iddah period.
When it has passed the ‘iddah – according to the agreement of fiqh scholars – there is no reconciliation. In reconciliation, there is no requirement of pleasure from women.
Meanwhile, if still in the ‘iddah, then you are more entitled to accept referrals, although the woman does not like it. Read more about Virtues of Sickness in Islam
[AdSense-A] And when it comes out (finished) from the period of ‘iddah but there is no word of reference, then the woman is free to choose the other. If the woman re-accept her ex-husband, then the new marriage must be held.
Allâh Subhanahu wa Ta’ala states in his word:
والمطلقات يتربصن بأنفسهن ثلاثة قروء ولا يحل لهن أن يكتمن ما خلق الله في أرحامهن إن كن يؤمن بالله واليوم الآخر وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا ولهن مثل الذي عليهن بالمعروف وللرجال عليهن درجة والله عزيز حكيم
“The women who are yelled should restrain themselves (wait) three times quru ‘. Nor should they conceal what Allah creates in his womb, if they believe in Allah and the Hereafter. And her husbands are entitled to refer to her in the waiting period if they (husbands) want ishlah.
And women have a right that is equal to their obligations in a way that ma’ruf. Husbands, however, have a degree of strength over their wives. And Allah is the Mighty, the Wise. “[Al-Baqarah / 2 verse 228]
6. Allah SWT commands Rujuk to present two witnesses. God says;
{فإذا بلغن أجلهن فأمسكوهن بمعروف أو فارقوهن بمعروف وأشهدوا ذوي عدل منكم} [الطلاق: 2]
“When they are nearing the end of their iddah, then Refer them well or let them go well and witness with two just witnesses among you” (At-Thalaq; 2)
It is impossible for God to command to see Jimak or his Muqoddimah, for seeing such a thing is unlawful. The command to witness References means to witness the recitation of the recitation spoken by the husband so that others know as the testimony of the covenant of the marriage ceremony. Read more about Punishment for Not Fasting in Ramadhan
It can not be said that after Jimak one can witness that he has Referred. This reason is unacceptable because the testimony that is commanded is when there is Reference, not witnessing on Iqror (acknowledgment) Refer. Read more about Virtues of Pregnancy in Islam for Women
Moreover, if he has witnessed by his utterance that he has Referred, then the validity of His Reaction is from his utterance, not from Jimak or his Muqoddimah.
7. The Prophet stipulated that the marriage, divorce and reconciliation were both done seriously and jokingly. Abu Dawud narrates;
سنن أبى داود – م (2/225)
عن أبى هريرة أن رسول الله -صلى الله عليه وسلم- قال «ثلاث جدهن جد وهزلهن جد النكاح والطلاق والرجعة».
From Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Three things are seriously punished seriously and the (serious) punishment is seriously punished, that is; marriage, divorce, and reconciliation” (H.R.Abu Dawud).”
It is commonly known that the intention of marriage is serious or joking is to say the marriage contract either serious or joking. In other words, the talak is meant to pronounce lafadz divorce both serious and joking. Therefore this Hadith indicates that Remarriage is done with the utterance as the ceremony of marriage and divorce.
8. Allah SWT calls divorce and Rebut in the same Siyaq (context), for example;
{وإذا طلقتم النساء فبلغن أجلهن فأمسكوهن بمعروف أو سرحوهن بمعروف} [البقرة: 231]
“When you bounce your wives, then they approach the end of their iddah, Then Refer them in a way that is ma’ruf, or divorce them in a way that ma’ruf (also).” (Al-Baqoroh, 231)
This reinforces the previous argument, namely divorce and Remarriage it is from the same side done with speech.
Moreover, the ability to win women is by the oral marriage ceremony. Therefore, refer to the meaning of this, because Refer meaning to want to return a woman who dicked as his wife when not dicked.
If the husband is unable to pronounce such as mute or illness, Refer legitimately with something that represents utterance such as writing or gestures. Read more about Sunnah on Friday for Women
Lafadz Rodd is used of God in the Qur’an. God says;
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا} [البقرة: 228]
“And their most deserving husbands are to call it in the waiting period, if they (husbands) desire ishlah” (Al-Baqoroh.228)
Lafadz Imsaak is also used of Allah in the Qur’an;
{الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان} [البقرة: 229]
“Divorce (which can be tested) twice. after that may Refer again in a way that ma’ruf or divorce in a good way” (Al-Baqoroh; 229)
Therefore if a husband tells his wife “I have Referred to you” or “I returned you as my wife as before” or “I held you back and did not divorce” or what is meaningful to him, then Refer legitimately.
As for witnessing the recitation of Remarriage to two fair witnesses, this is based on Allah’s command in the At-Thalaq letter. God says;
{فإذا بلغن أجلهن فأمسكوهن بمعروف أو فارقوهن بمعروف وأشهدوا ذوي عدل منكم} [الطلاق: 2]
“When they are nearing the end of their iddah, then Refer them well or let them go well and witness with two just witnesses among you” (At-Thalaq; 2)
However, witnessing this is a sunnah law, not mandatory and not a legitimate requirement because there is no qorinah which indicates its obligation or made the testimony as a legal condition Refer.
Watching on Refer is only a suggestion to avoid problems (such as disagreements with wives) as recommended to witness the debt accreditation contract mentioned in the Qur’an;
{يا أيها الذين آمنوا إذا تداينتم بدين إلى أجل مسمى فاكتبوه وليكتب بينكم كاتب بالعدل ولا يأب كاتب أن يكتب كما علمه الله فليكتب وليملل الذي عليه الحق وليتق الله ربه ولا يبخس منه شيئا فإن كان الذي عليه الحق سفيها أو ضعيفا أو لا يستطيع أن يمل هو فليملل وليه بالعدل واستشهدوا شهيدين من رجالكم} [البقرة: 282]
“O ye who believe, if you do not cash in cash for a prescribed time, you should write it down. and let a writer among you write it correctly. and let not the writer be reluctant to write it down as Allah taught it, wise should he write, and let the person who is indebted to absorb (what it will be written), and he should be cautious of Allah his Lord, and he should not lessen his debt.
if the debtor is a weak-minded or weak person (his condition) or He himself is unable to imitate, then let his guardian be honest. and witness with two witnesses of the men (among you).”(Al-Baqoroh, 282)
The absence of the guardian and dowry requirement because the Refer is not a marriage contract. Therefore, there is no need to provide something that is only required for marriage contract. Furthermore, no texts indicate that in dealing must present the guardian and provide the dowry. Read more about How to Choose a Leader in Islam
Ridho from wife and whether or not he also not noticed, because Refer non-akad. Referring is the right of the husband alone is not the right of the wife as the talak is also the right of the husband alone is not the right of the wife. Allah affirms that Referrals are the right of the husband. God says;
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا} [البقرة: 228]
“And their most deserving husbands are to call it in the waiting period, if they (husbands) desire ishlah” (Al-Baqoroh.228)
However, it is noteworthy that the Law of Reconciliation applies only if the wife has been divorced. The necessity for the realization of this divorce is based on the provisions of the Quran which suggests reconciliation only in the circumstances of the wife having been diverted. For example in the following verse;
{والمطلقات يتربصن بأنفسهن ثلاثة قروء ولا يحل لهن أن يكتمن ما خلق الله في أرحامهن إن كن يؤمن بالله واليوم الآخر وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا} [البقرة: 228]
“Women who are yelled must be restraint (wait) three times quru ‘. Should not they hide what Allah created in their wombs, if they believe in Allah and the Hereafter. and their most deserving husbands in the waiting period, if they (husbands) desire ishlah” (Al-Baqoroh, 228)
It is clear that the Shari’a Remarriage disclosed with lafadz;
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا}
and their most deserving husbands in the waiting period, if they (husbands) want ishlah
Only Shari’a to women who status Muthollaqoh (has been logged)
Similarly, the following verse;
{الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان} [البقرة: 229]
Divorce (which can be tested) twice. after that may Refer again in a way that ma’ruf or divorce in a good way (Al-Baqoroh; 229)
Shari’a Remarriage disclosed with lafadz;
فإمساك بمعروف
after that may reconcile in a way that ma’ruf
9. Only treated after the divorce
Refer also can only be done in Iddah period. If the period of iddah has ended then the right of Remarriage has disappeared and the wife has officially become another person. So, if the party wants to make it again become a wife, then it is done with a new marriage agreement, new dowries and guardians.
On this basis, if the wife who has left the husband for four years on the questioned intent only leave without lafadz divorce / divorce from the husband, then no need to Refer because there is no divorce and no Iddah period. Read more about How to Deal with Stubborn Wife in Islam
The condition of such wife is no more called Nusyuz (insubordination), namely the immoral from the side of the wife who made him lose the rights of wife like a living and others.
To return to being a wife just get together with her husband in one house as normal husband and wife. Wife is only obliged to apologize to husband and repent for immoral that he did. But if the passing of the wife for four years has been preceded by divorce, since the beginning of his departure, then surely the wife has passed the Iddah period, because the period of iddah is finished with three times of sacred menstruation, or three months of hijriyyah for women who have menopause.
[AdSense-C] Because the wife has passed the iddah period, it means she has been completely divorced and became another woman.
To be a wife again, a new marriage contract (not Referred) must be made with new dowries, new witnesses and guardians. But if the husband’s divorce is spoken recently (such as the last month of the four years of the wife’s departure), then the wife is still in the iddah period.
Thus, apply the Shari’a Refer, so the husband if you want to make him as a wife again he only needs to do Refer with the procedures that have been described.
10. Refer to it if husband has sex with his wife.
If the divorce is spoken before fucking a wife, then it should not be reconciled according to the scholars’ agreement. The reason is the word of Allah Ta’ala,
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدة تعتدونها فمتعوهن وسرحوهن سراحا جميلا
“O ye who believe, if ye marry the believing women, then you divorce them before you mix them up, then it is not obligatory upon them” that the iddah for you that you ask for is perfect. Then give them mut’ah [9] and release them in the best way “(Surat al Ahzab: 49).
Compulsory reconciliation if husband mentally his wife when menstruation as described in hadeeth Ibn ‘Umar that has passed and will be explained detail on the issue of talak bid’iy.
Because when barked roj’iy, still in the period of ‘iddah, the wife is still the wife of the husband. Allah Ta’ala said,
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا
“And their husbands have the right to refer to it in the waiting period (the ‘iddah), if they (husbands) desire ishlah” (Surah Al Baqarah: 228).
Such grooming and decoration will certainly make the husband to think to refer to the wife.
If ‘iddah is exhausted, then there is no reconciliation term – based on clerical agreement – except with a new contract. Because Allah Almighty says,
والمطلقات يتربصن بأنفسهن ثلاثة قرو
“The women who are yelled should hold themselves (wait) three times quru ‘(the period’ iddah)” (Surat al-Baqarah: 228).
Then Allah Ta’ala said,
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحا
“And their husbands have the right to refer to it in the waiting period (the ‘iddah), if they (husbands) desire ishlah” (Surah Al Baqarah: 228).
The name of the reconciliation is to continue the ownership (wife). Ownership here breaks up after the passage of ‘iddah and when it is no longer the continuity of marriage.
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