What is the ruling of Islamic law regarding a husband who refuses to consummate the marriage with the intention of preventing pregnancy and divorcing after one year for no reason, then engages in sexual intercourse with his divorced wife remotely during her waiting period and refuses to return to married life?
If a husband prevents his wife from conceiving, intending to divorce her after a year, the wife has the right to intercourse and procreation. The husband does not have the right to prevent her unless with her consent.
As for a husband having intercourse with his divorced wife during her ' (waiting period): If the divorce is revocable (raj'i), intercourse is permissible and is considered a revocation of the divorce, and the woman returns to her state before the divorce. However, if the divorce is irrevocable (ba'in), or if the 'iddah from a revocable divorce has ended, the woman becomes a stranger to her ex-husband, and his intercourse with her is considered zina (fornication/adultery).
There is no difference in divorce between the woman being present or absent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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