Islam has often been maligned due to a misunderstanding or poor presentation of the ruling mentioned in the noble verse:

“And if he divorce her for the third time, she shall not be lawful to him thereafter until she marries another husband; and if he also divorce her, then it shall be no sin for them to return to each other…” (Al-Baqarah: 231)

Despite the criticism, this ruling contains many beautiful aspects. Most importantly, it restores dignity to women and the institution of marriage—dignity that was stripped away by the Bible in both its Testaments. The Bible prohibits a divorced woman from returning to her first husband, considering her “defiled” in Judaism, while in Christianity, marrying a divorcee is considered adultery. This verse came to remove this insult and rehabilitate the status of women.

General Principles of Divorce in Islam

Before providing evidence, let us clarify general matters regarding divorce in Islam:

• A Hated Necessity: Islam considers divorce the most hated of permissible things to Allah. It encourages reconciliation before it happens and return after it occurs if possible. However, it does not forbid it, as it may become necessary when life becomes impossible.
• A Period for Reflection: The occurrence of one or two divorces—where the woman stays in the house during the waiting period—allows the couple to rethink and reconcile without a new contract.
• The Third Divorce: If a third divorce occurs, it indicates that the chances of reform have become nearly impossible. This is known as Baynunah Kubra (Major Separation), and she becomes prohibited to him. This serves as a deterrent so that marriage and divorce are not treated as a game, and it prevents a malicious husband from endlessly divorcing and reclaiming a woman just to harm her.

The Case of Re-marriage and the “Muhallil” Myth

In some rare cases, a woman might marry another man and then get divorced. She or her first husband might then wish to reunite after having learned a lesson. In this specific scenario, Sharia permits them to return to each other.

While this possibility is small, the Quran mentions it for profound reasons, including honoring the woman and refuting the distortions found in Biblical teachings. However, if a man and woman attempt to circumvent this ruling by agreeing to a temporary marriage just so she can return to the first, this is a “filthy” act clearly forbidden by Sharia. The Prophet (peace be upon him) cursed both men involved in such a scheme, saying:

“Allah has cursed the one who makes a woman lawful [the Muhallil] and the one for whom she is made lawful.” (Reported by Abu Dawood and Ibn Majah)

This “borrowed ram” (Al-Tays al-Musta’ar), as it is called in Sharia, has nothing to do with the religion; it is an act contrary to Sharia, chivalry, and sound character.

Comparison with the Bible

Islam has encouraged marrying the single and considered such marriages blessed. It does not view a woman’s previous marriage as a “stain,” unlike the Old Testament:

“Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord…” (Deuteronomy 24:1-4, KJV)

The Torah prohibits the return to the first husband because she is considered “defiled” by her marriage to another! This means that the marriage relationship itself is viewed as a defilement of the woman.

This negative view also dominated the New Testament:

“…and whosoever marrieth her that is put away from her husband committeth adultery.” (Luke 16:18, KJV)

Conclusion

The Quranic verse serves as a rebuttal to these ideas. It affirms that if a woman marries another husband and then divorce or death occurs, there is no harm in returning to her first husband because she was not defiled by her legitimate marriage.

“…provided they are sure that they would be able to observe the limits prescribed by Allah. And these are the limits prescribed by Allah which He makes clear to the people who have knowledge.” (Al-Baqarah: 231)

Through this ruling, Islam honored the woman, purified her from the “abomination” attached to her by previous scriptures, and restored the status of the sacred institution of marriage.