Cross marriage and three divorces
Question
I have some questions please guide me
1 what about cross marriage in Islam I mean (one person marry a girl and his brother in law is marring his sister) both of them are brother in law for each other.
2 A person who is working abroad since four years and he did not have any contact to his wife since two years by phone his wife left his house and went to her mother house after only three months later than the departure of his husband to foreign country. Husband tried to call his wife to his home but she refused even parents of
Husband & wife were not interested to solve the problems. Parents of husband were forcing to husband to divorce his wife.
Husband went on vacations to his country but his wife was not agreeing to come to his home. Then husband get married with out informing any body after promising his second wife that he will not bring back to home his first wife.
After passing four years he send divorce his first wife by post three times written divorce in one letter (please not that the day when he wrote divorce he kept with him and think for one weak after he posted it) but also he informed by phone to some of her cousins uncle and his father that he divorced his wife and sent a letter.
Now every body is not accepting this divorce including parents of wife & husband and they return the letter to husband.
And they are insisting to cancel the divorce but husband is still trying to convince his parents that it is not possible in Islam
3 (Is she divorced or not ?) and can husband rajoo again.
I am waiting for your advice.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
The cross marriage as explained by you is permissible.
The three written divorces are valid. The husband cannot make rajoo.
And Allah knows best
Mufti Ebrahim Desai
Darul Iftaa
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/15073
Fatawa SA: https://fatawa.co.za/fatwa/askimam-15073
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
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