Is a divorce that occurred after consummation and going through court procedures considered valid and enforceable, despite the husband's claim that it is void and his desire to take back his wife without her consent, especially after a previous divorce in which reconciliation occurred without the family's knowledge? And does the husband have the right to prevent his wife from marrying someone else if she refuses to return to him?
If a man divorces his wife before consummating the marriage, it constitutes a minor, irrevocable divorce (baynunah sughra). He cannot take her back except with a new contract and a new dowry. Any reconciliation, cohabitation, or subsequent divorce that occurred after this specific divorce is considered invalid. If a dispute arises, the matter must be referred to the Sharia court.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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