It Raised the Second Marriage Took Place in the Effects of the Previous Marriage (Divorce is Calculated from the First Marriage after the Second Marriage Model)

Abstract

The divorce of a married woman from her husband and leaving him for a couple of months till the expiry of the Iddah period (waiting period allocated after the death of husband or after a divorce) has a number of implications. If this divorce was not a permanently irrevocable one - according to Islamic legislation -, that is the husband has issued only one or two divorces to his wife, and in the meanwhile the divorced woman married another man, and their relationship ends - in turn - with divorce or death; in such case, is it unacceptable for her to return to her first husband due to the previous divorce that preceded the marriage of the woman from the second man, or does the second marriage abolish the previous divorce? In fact, this subject had generated an old dispute among the Companions of the Prophet Muhammad (peace and blessings of Allaah be upon him), the Tābi'un (followers) and the scholars of the four Sunni schools of law (Madhabs). The disagreement comes as a result to the fact that there is no clear text about such an issue on the one hand, and the possible existence of certain disputed evidences on the other hand. In an attempt to clarify the subject and review the statements and evidence of Islamic jurists as well as the adherents of law reasoning, this research seeks to compare and contrast the sayings of jurists according to the foundational goals (maqasid al-Shariah). Still, bringing the heated debate into an end is not possible in such matters, considering that the dispute is long-lasting and the issue dates back to the early times of Islam and was one of the subjects that generated controversy among Muslims of the first generation. In order to deal with this issue, this research will be divided into an introduction and two sections. The first section deals with the statements and evidence of those who adopt the attitude that the second marriage does not demolish the previous divorce issued by the first husband. The second section, however, analyses the statements of those who tend to say that the second marriage both abolishes and obliterates the effects of the first one, with the mention of their evidences and reactions. The study will include the opinion of jurists about this issue, and conclude with the most important findings reached.