format_quote Originally Posted by
isk
Salaams
I would like to know that is it permissible for her to stay in the house with my brother, as after they are divorced, dont they become like strangers to one another? she is still living with them after giving birth which was 3 months ago, how do you go about this matter as they still see each other (even though they do not talk or acknowledge one another?).
I know that even she is not happy but because of pressure from her family aswell, she'd rather stick and say that she does not want a divorce (family honour and stuff!!!!)
My parents keep persisting that he allow her to move back into the bedroom with him as she is crrently staying in one of the rooms downstairs. I believe this is not allowed.
As for me calming them down, thats impossible!!!!! they believe that im part of the cause of the divorce, because my brother was going to divorce her and throw her out without telling them or reasoning with anyone, and it was me who insisted that hedo it the correct way, and not to anger my parents and with Allah's help it would be better...Thats what I get for doing it the right way eh?
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It seems you have no doubt that the divorce in question has remained valid. As soon as the child was born, the period of iddah ended; and now she is free to marry anybody she likes. But there remains a question: What have you meant by "he divorced her three times"? Did he pronounce three talaqs repeatedly in one session? Something like this?
I divoce you once.
I divoce you twice.
I divoce you thrice.
Or
one talaq.
two talaq.
three talaq.
Did he ever divorce his wife any time in the past in any way? If the answer is in the negative, then, according to scholars who have well conceived the Quranic verses relating to divorce, the divorce has taken place only once, not thrice or three times as argued by some misconceived scholars. If so, now that the iddah has expired, she is now free to marry anybody including your brother (her former husband). A new marriage contract will take place and a new amount of dower will be fixed and paid by your brother if he re-marries her. Remeber that your parents are pressurizing them to live together
as extra-marital fornicators ! It is dangerous !! Persuade them to fear Allah and do not push their son and her former wife to live in adultery.
Let us see what Allah says about divorce in the holy Quran:
"Divorced women must keep themselves waiting for three menstrual periods; it is not lawful for them to hide what Allah has created in their wombs, if they believe in Allah and the Last Day. In such cases their husbands have a right to take them back in that period if they desire reconciliation. Women have rights similar to those exercised against them in an equitable manner, although men have a status (degree of responsibility) above them. Allah is Mighty, Wise." [Al-Baqarah 2:228]
“The divorce is twice” [Al-Baqarah 2:229]
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge”
[Al-Baqarah 2:230]
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