Fatwa No : 96862
Ruling on forcing the husband to remarry the woman after arranging her halala

Ruling on forcing the husband to remarry the woman after arranging her halala

What do the respected Islamic scholars say regarding the following matter:
I, the undersigned ..., had my son, ..., marry a divorced woman who also had two children. My wife arranged the marriage with the intention that, since the woman was without support, she would have someone to support her. However, she was unable to manage the household properly, the circumstances became very difficult, and she left our home without permission. The people who had arranged our marriage then demanded that a divorce be given. The woman demanded a divorce in exchange for waiving her dower (mahr). Then the marriage intermediaries demanded some money, and we subsequently paid them three hundred thousand rupees at their request. We now wish to know whether the divorce has actually taken place or not.
Now those same people are again putting pressure on us, saying that they will arrange a halala and then have the woman remarry our son. However, we no longer wish to enter into this marriage again. Can those people force us to do so? Is my son obligated to remarry her? Please state whatever the Islamic ruling may be.
Note: Attached to the question is a stamp paper on which the following words of three divorces are written three times, along with the husband's signatures: “I, the undersigned (name)..., divorce my wife, (name)

الجوابُ حامِدا ًو مُصلیِّا ً

In the concerned matter, if the petitioner’s son has signed a divorce paper containing three divorces and thereby given his wife three written divorces, then three divorces have taken effect upon his wife, and irrevocable prohibition has been established. Reconciliation is no longer possible, nor can a marriage contract between them be entered into without a valid Shariah-compliant intervening marriage (Halala). After the completion of her waiting period, the woman will also be free to marry elsewhere. Following the occurrence of these divorces, both parties are free to decide their future. Neither party has the right to compel the other to restore the marital relationship, even if such restoration were to be sought after a valid Shariah-compliant intervening marriage. Therefore, the petitioner’s former daughter-in-law and her family must refrain from making this impermissible demand.

مأخَذُ الفَتوی

كما في القران الكريم: ﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعۡدُ حَتَّىٰ تَنكِحَ زَوۡجًا غَيۡرَهُۥۗ﴾ [سورة البقرة: ٢٣٠]۔
وفي رد المحتار: (قوله: كتب الطلاق إلخ) قال في الهندية: الكتابة على نوعين: مرسومة وغير مرسومة، ونعني بالمرسومة أن يكون مصدرا ومعنونا مثل ما يكتب إلى الغائب، (إلى قوله) وإن كانت مرسومة يقع الطلاق نوى أو لم ينو اهـ [كتاب الطلاق، مطلب في الطلاق بالكتابة، فروع، ج:3 ص:246 ط: ايچ ايم سعيد ]۔
وفي الهداية: وطلاق البدعة أن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد فإذا فعل ذلك وقع الطلاق وكان عاصيا اهـ [‌‌كتاب الطلاق، ‌‌باب طلاق السنة، ج:1 ص:221 ط: دار إحياء التراث العربي بيروت ]۔