I was married before and have a baby girl with my previous husband. I got married again but before I got married to my current husband I had the intentions of going back to my ex husband because I am still in love with him. I couldnt help how I feel about my ex husband. so now can I divorce my current husband so I could go back with my ex husband?

furthermore I could not help how I feel about my ex husband and no matter how hard I tried to get these intentions out of my heart I could not. I had no agreement for divorce so I could go back to my ex husband.

am just not happy with my current husband is that a valid reason to divorce him?.


Praise be to Allaah.

If a man divorces his wife three times, she is not
permissible for him until she has married another man in a genuine marriage,
not a tahleel marriage (one that is aimed at making it permissible for her
to go back to her first husband), then he leaves her, because Allah, may He
be exalted, says (interpretation of the meaning):

“And if he has divorced her (the third time), then she is
not lawful unto him thereafter until she has married another husband”

[al-Baqarah 2:230]. 

Abu Dawood (2076) narrated that the Prophet (blessings and
peace of Allah be upon him) said: “Allaah has cursed the muhallil and the
muhallal lahu.” Classed as saheeh by al-Albaani in Sunan Abi Dawood. [The
muhallil is the one who marries a woman and divorces her so that she can go
back to her first husband, and the muhallal lahu is the first husband for
whom this is done.] 

If a divorced woman married a second husband with the
intention of getting divorced from him so that she can go back to the first
one, there is a difference of opinion among the fuqaha’ in this case. Some
of them regard this as tahleel, which is haraam, and some say that her
intention does not affect anything. 

See the answer to question no.
131290 

Now you are the wife of a Muslim man who has rights and
dignity, and it is not permissible to deceive him or mistreat him; it is
also not permissible for you to ask for divorce or khula‘ unless there is a
reason that makes it permissible to do that, because of the report narrated
by Abu Dawood (2226), at-Tirmidhi (1187) and Ibn Maajah (2055) from Thawbaan
(may Allah be pleased with him) who said: The Messenger of Allah (blessings
and peace of Allah be upon him) said: “Any woman who asks her husband for a
divorce when it is not absolutely necessary, the fragrance of Paradise will
be forbidden to her.”

Classed as saheeh by al-Albaani in
Saheeh Abi Dawood 

A reason that would make it necessary to resort to divorce
would be something like bad treatment, evildoing or deviation on the part of
the man. 

It was narrated from ‘Uqbah ibn ‘Aamir in a marfoo‘ report:
“Women who seek khula‘ are the hypocrites.” Narrated by at-Tabaraani in
al-Kabeer, 17/339; classed as saheeh by al-Albaani in Saheeh al-Jaami‘,
1934. 

What is meant is the one who asks her husband for khula‘
without any legitimate shar‘i reason that would make it permissible for her
to do that. 

One of the reasons that make it permissible for a woman to
ask for khula‘ is if she dislikes her husband cannot give him his rights, or
she fears that if she does not do that then she will be one of those who are
ungrateful to their husbands, because of the report narrated by al-Bukhaari
(4867) from Ibn ‘Abbaas (may Allah be pleased with him) according to which
the wife of Thaabit ibn Qays came to the Prophet (blessings and peace of
Allaah be upon him) and said: “O Messenger of Allaah, I do not blame Thaabit
ibn Qays for any defect in his character or his religious commitment, but I
would hate (to show the attitude of) kufr when I am a Muslim.”  The
Messenger of Allaah (blessings and peace of Allaah be upon him) said, “Will
you give him back his garden [which he had given as mahr]?” She said, “Yes.”
The Messenger of Allaah (blessings and peace of Allaah be upon him) said (to
Thaabit), “Accept the garden, and divorce her once.”  

Shaykh Ibn Jibreen (may Allah have mercy on him) said,
describing what justifies asking for khula‘: If the wife dislikes some
characteristics of the husband, such as if he is strict and harsh,
quick-tempered, gets angry a lot, criticizes for the least mistakes and
rebukes for the slightest shortcoming, then she may ask for khula‘. 

Secondly: if she dislikes his physical appearance, such as a
defect or ugly appearance or some problem with his physical faculties, then
she may ask for khula‘. 

Thirdly: if the shortcoming in religious commitment takes the
form of not praying, or being heedless about praying in congregation, or not
fasting in Ramadan with no excuse, or doing haraam things such as zina,
alcohol, listening to music and so on, then she may ask for khula‘. 

Fourthly: if he withholds her rights such as maintenance,
clothing, and essential needs, when he is able to afford it, she has the
right to ask for khula‘. 

Fifthly: if he does not give her her rights to regular
intimacy because of a defect that means he cannot have intercourse
(impotence), or he has no interest in her, or he is interested only in
someone else, or he does not divide his time fairly (among co-wives), she
has the right to ask for khula‘. 

And Allah knows best. End quote. 

See the answer to question no.
1859 

If any of these reasons are applicable, then you have the
right to ask for khula‘ and to return his mahr to him. 

If none of these apply, then it is haraam for you to ask for
divorce or khula‘, and you have to give your husband his rights and not harm
him in word or deed. In that case you have to be patient and forget about
your first husband. Perhaps the marriage you are in is better and a blessing
for you. Allah, may He be exalted, says (interpretation of the meaning):

“and it may be that you dislike a thing which is good for
you and that you like a thing which is bad for you. Allah knows but you do
not know”

[al-Baqarah 2:216]

“it may be that you dislike a thing and Allah brings
through it a great deal of good”

[an-Nisa’ 4:19]. 

And Allah knows best.