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The question

Is the return of a wife to her husband, from whom she sought a Khula', considered adultery and a third divorce, after she secretly married another man and he consummated the marriage with her, and what is the ruling on her secret marriage without settling the financial matters with the first husband?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This is a complex issue that requires presentation before Sharia courts or direct consultation with scholars. If a khula' (dissolution of marriage at the wife's instance) occurred and the husband accepted it, the khula' is valid, and the iddah (waiting period) begins from the moment of the husband's acceptance or the judge's ruling. If the second husband married her after the iddah ended, with a legally valid contract fulfilling the conditions and pillars (guardian and witnesses), then the marriage is valid, and she cannot return to her first husband.

However, if khula' did not occur, she is still under the conjugal bond of her first husband, and what transpired between her and the second man is considered zina (fornication/adultery). She must repent and return to her husband until a divorce or khula' takes place, or he retains her.

An 'urfi (customary) marriage is invalid if it lacks a guardian or witnesses. It is necessary to present the matter to Sharia courts or scholars to determine the Islamic ruling.

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Ftawy
Original fatwa ID
96152
Imported
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