Back to search
The question

Is a divorced wife, who was returned to her husband's عصمة (bond of marriage) by reactivating the old marriage contract and officially documenting it after a new dowry was paid and conditions were agreed upon, considered a legitimate wife obligated to seek his permission, and is she legally under his ذمة (marital responsibility)? And what is the solution if she is not?

Share this answer

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

Agreeing to marry a woman who is already married is an evident evil, as it involves inciting a wife against her husband, which is one of the most heinous transgressions and major sins.

If the legal marriage contract (aqd shar'i) has not been concluded with offer and acceptance between the guardian (wali) and the husband in the presence of two witnesses, then the woman is not his wife, and she is not obliged to obey him. Any money he gave her is considered a debt upon her.

The solution is to complete the legal marriage contract with a new dowry (mahr) through her guardian. The presence of the wife or the guardian at the contracting session is not required, and the guardian can delegate another person, even if the delegation is done over the phone.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
170270
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy