Is the wife considered irrevocably divorced after her husband had intercourse with her following the filing of a divorce case, then he retracted his return, and the divorce proceedings continued? And is it permissible for her, according to Sharia, to marry another man before the divorce is officially documented?
If the husband did not utter the words of divorce, the wife remains under his marital bond.
If the husband explicitly declared divorce before the court, he can reconcile with her before the ' (waiting period) expires if it was a minor irrevocable divorce (baynunah sughra). Intercourse before the 'iddah expires is considered a reconciliation.
However, if intercourse occurs after the 'iddah has expired, it is forbidden and does not constitute a reconciliation. She becomes a stranger to him, and it is not lawful for him to marry her again except with a new contract and dower.
If the divorce occurred three times, she is not lawful for him until she marries another husband, he consummates the marriage with her, and then he divorces her.
The questioner is advised to consult Islamic centers in her country of residence.
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