Re-marriage without intervening marriage

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Re-marriage without intervening marriage

Unread postby Admin » Thu Sep 27, 2012 10:01 am

Re-marriage without intervening marriage
The law previous to the enforcement of Muslim Family Law Ordinance 1961 made it obligatory of couples divorced by any mode of Talq other than talaq-i-Ahsan not to re-marry each other again unless the wife marries another man by a valid contract and he late dies or divorces her after actual consummation and she marries her first husband after the period of iddat. Before re-marriage the parties has to prove that the bar to their marriage is removed by an intermediate marriage consummation and dissolution otherwise their marriage is considered valid. In the case of divorce through khula it is not obligatory on the wife to re-marry a third person before entering into remarriage ite with her first husband. The remarriage with same husband o course would be subject to performance of another nikah. Section 7(6) also allows such reunion without “Halala” there is no restrain either in the Muslim family Laws ordinance or n the Injunction of Quran and Sunnah not to allow prayer to the husband for re-union with his wife when she is ready to lie against as wife of the husband within the limits of God.

It was held by the privy council that the children born of a remarriage where a legal bar to the marriage has not been removed were illegitimate. But as under the ordinance the mode of talaq is almost the same as that of talaq-i-ahsan statutory provision has been made that couples whose talaq has become effective in the mode prescribed by section 7 may re-marry without any intervening marriage. Except where they have been divorced thrice and the third divorce has become effective. In those cases they cannot remarry without an intervening marriage.
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