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?
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.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 170270
- Imported
- Translation status
- Source text, unreviewed
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