Iddat i s meant to confirm any pregnancy. It can now be confirmed without delay. The practice needs Ijtehad. Allowing re-marriage after 3 genuine divorces will be a mockery of marriage.
From a previous post:
RIGHTS OF THE SEOND HUSBAND
Date: Thursday, 2 September 2010, 6:29 am
The QXP has this to say about 2:230
فان طلقها فلا تحل له من بعد حتي تنكح زوجا غيره فان طلقها فلا جناح عليهما ان يتراجعا ان ظنا ان يقيما حدود الله وتلك حدود الله يبينها لقوم يعلمون
2:230If a man divorces his wife on a third different time during their marital life, it shall be unlawful for him to remarry her. It may so happen that the woman marries another man, and those two do not get along, and he divorces her. In that case, there is nothing wrong if both (the previous couple) decide to come together again, if they consider that they will be able to observe the limits set by God. These limits have been made clear for people who use their knowledge.
[There is no room in the Qur’an for the socalled ‘Halaalah’, a shameful, manmade custom where a divorced woman is made to spend an intimate night with another man under wedlock with a preplanned divorce in the morning! It should better be called ‘Haraamah’]
This is the root cause of problems relating to Talaaq and Halalah. If the ayat is read with a clear mind and no pre-conceived notions, then the directives are clear. Respected Dr. Sahab has used brackets to refer to the first husband (THE PREVIOUS COUPLE). What about the rights of the second husband ? He too has the right to retrack his first and second Talaq. All translations of this ayat are made keeping in view the rights of the first husband and not the second. A man who divorces his wife 3 times has no right to marry her again under any circumstances
I feel that this part of the ayat refers to the second husband. The first part of the ayat gives the first husband 2 chances to behave properly and avoid making a mockery of the sacred relationship. The directive is clear, if he divorces her for the 3rd time there is no way he can remarry his divorced wife.their relationship comes to an end for all times. This would also bring to an end the concept of Halalah.
Forum members are requested to ponder and reflect their upon this issue. The issue has been raised again in a popular play being aired on one of the popular chanels and is written by Bushra Ansari.
There is another point which our Ulema and individuals fail to mention. The Quran also talks about Talaq before it is physically consummated. If the traditional translation of the ayat is accepted, this ayat would negate Halalah's sexual interpretation.
2:230 If a man divorces his wife on a third different time during their marital life, it shall be unlawful for him to remarry her. It may so happen that the woman marries another man, and those two do not get along, and they become divorced. In that case, there is nothing wrong if both decide to come together again, if they consider that they will be able to observe the limits set by God. These limits have been made clear for people who use their knowledge
The meanings are clear if the ayat is read keeping in mind the rights of the second husband. "BOTH" in the third line refers to the second husband and wife and not the first one. The case of the first husband has already been decided in the first sentence of the ayat.(It shall be unlawful for him to remarry her)
Moreover it seems strange that the woman remarries and the right of the marriage that is taken into consideration relates to the first husband who has already had his 3 chances.How many chances will a person, who makes mockery of human relationships, get.
The wrong interpretation of the ayat has given birth to the concept of Halalah, something that could have been avoided if the ayat about divorce without physical consummation of marriage had been taken into account.It reminds me of the famous Shah Bano case in India when the Hindu judge had decided in accordance with the directives of the Quran and Shah Bano's ex-husband was asked to support her. The Mullah's intervened because they were and are used to multiple marriages and Shah Bano had to withdraw her case.
There has to be a limit to the number of divorces a man can pronounce. He has to know that marriage is not a plaything and women are human beings.
I stand by my interpretation of the ayat.
Our Beacon Forum
Re: RIGHTS OF THE SECOND HUSBAND
Date: Saturday, 4 September 2010, 7:09 am
In Response To: Re: RIGHTS OF THE SECOND HUSBAND (asifzaheer)
The problem has been created because our Ulema in translating ' YATRA JA AA' . If the second husband is kept in mind the ayat becomes very simple and the meanings too.The Quran has given the right to pronounce 'divorce' 3 times and then this right, w.r.t. the wife in question, remains no more. These 3 Talaaqs cannot be pronounced in one go. Most of the couples who face the problem leading to Halalah are victims of anger and intolerance. The husband simply says Talaq 3 times and the damage is done.The time factor inbetween these Talaqs is totallyn ignored thanks to N2I
Mr. Asif Zaheer says:
--"there is nothing wrong if both decide to come together again"implies that the 1st husband and wife can NOW remarry because the woman has been divorced by the 2nd husband(here divorced means---full and final divorce,and this is so because God has not to mention the process of divorce again and again) and since the woman has been divorced by the 2nd husband,it is not lawful for 2nd husband to remarry her. So it is the 1st husband "
Wrong conclusions have been made.The right of the first husband to remarry his first wife for the 4th time is so much ingrained in our minds that we cannot think of any other meaning.I believe that the time has come to let husbands know that the wife is as important as the husband in the husband-wife relationship and there is a limit to everything.
As I have written earlier'both' in the ayat means the second husband and wife. The story of the first husband has come to an end. Think about the 3 divorce procedures a wife has to undergo and even then the husband has a right to take his first wife back.How is he going to be judged in light of the laws of retribution?