What is the ruling of Islamic law regarding a man and woman who continue to live as husband and wife after their divorce in court, with the wife refusing to marry another man, then marrying another man and returning to the first husband and engaging in marital relations with him?
This issue is complex and requires clarification from both spouses. We advise consulting an Islamic center.
In general: 1. Divorce issued by secular courts is not religiously binding unless the husband pronounces the divorce or writes it with the intention of effecting it. 2. Regarding signing a divorce paper, some scholars, such as Sheikh Muhammad ibn Ibrahim Al ash-Sheikh, are of the opinion that divorce does not occur by it, as he views signing as not being among the explicit, allusive, or written forms of divorce. 3. It is impermissible for a woman to marry another man except after her separation from her husband (by divorce or annulment) and the completion of her iddah (waiting period). Otherwise, the marriage would be invalid and cohabitation would be considered unlawful sexual intercourse (zina). 4. The woman's guardian must be firm with her and prevent her from cohabiting with someone unlawful for her, and from abandoning someone lawful for her to cohabit with, as this is following blameworthy whims according to Islamic law.
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