Islamic Law for Divorcee and Second Marriage

Is the divorce legal in Islam?

Yes, divorce is legal in Islamic law. However, it is not encouraged. Both men and women can decide to end the marriage with a proper reason. The wedding will come to an end by mutual consent. No man is allowed to try to get a divorce by accusing his wife of false ideas if she is loyal to him. Both men and women have equal rights to initiate a divorce in Islam.

Once they get a divorce, they cannot live together and share any property. Islamic divorce is increasing in India. In a city like Hyderabad that is crowded with Muslims; with 43% of the Islamic population, it is essential to notice the rate of divorce between Muslim couples.  Muslim second marriage rate in Hyderabad is on a spike. In this article, we will discuss some remarriage laws, and polygamy in Islam and some reasons to get remarried.

Islamic remarriage laws

According to Islamic law, every man can remarry immediately after his consummation of first marriage. However, a divorced woman should wait for a period known as iddat. If a woman gets a divorce, she has to wait for three menstrual cycles to confirm she is not pregnant. Then only she can remarry another person.

If a woman loses her husband due to his death, she has to wait for an iddat period of 4 months and ten days to remarry. The same rule is followed for successive consummations and remarriages. If the woman tested pregnant in that period, she must wait until the birth of the child. These rules apply to all Islamic women irrespective of age. Sexual intercourse with their first partner after a divorce is prohibited.

Polygamy in Islam

Although monogamy is practiced widely in the Indian Islamic community, polygamy is legal in Islam. A man is allowed to marry up to 4 women. But the woman is allowed to have only one husband at a time. Because of the reduced female population and economic stability, polygamy is not practiced in Indian communities. However, there can be a condition that restricts a male to marry another woman in the marriage contract, and if signed, the groom cannot marry another woman. The groom should read the form carefully before signing it and follow the same in his married life.

Why should you get remarried after a divorce?

Irrespective of religion, every divorcee will think of remarriage because of various reasons. Some of them are listed below.

Financial stability – Most of the divorced women will remarry because of survival support. Although you are financially independent, it may be difficult for you to stand alone in life without a partner.

Children’s safety and future – If you are a single parent, you should remarry to give your children parentalsupport. A child who rose without a father or mother will hurt the kid most of the time. 

To start a new life – Although your experience did not work well, you can find a new partner with whom you recreate your life with love and affection. It would help if you tried to avoid your past mistakes and live peacefully.