Back to search

Is it permissible for a suitor to take back his divorced fiancée after a valid religious seclusion with her, but without consummation, and after his statements were misrepresented in court to make the divorce conditional, and then remarry her according to the Hanafi school of thought?

1 min readAlso available in العربية

If you uttered the divorce while in a state of extreme anger where you did not comprehend what you were saying, then it is not valid. However, if you were conscious of your words, then the divorce is valid. Distorting your words before the court to obtain a ruling that the divorce did not occur will not benefit you before Allah, and it is a lie for which repentance is obligatory. Marrying the woman without a guardian (wali), if you believe that she has become irrevocably divorced from you, is not permissible because marriage without a guardian is invalid according to the majority of scholars. If you pronounced the divorce after a valid seclusion (khalwa sahiha), then taking her back while she is still in her waiting period ('iddah) is valid without the need for a new contract. Your acting upon this while believing that the Hanafi madhhab is weak is considered a transgression and a pursuit of dispensations. Repent to Allah for trifling with Allah's law and belittling it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy