Is a wife considered under the authority of her husband after her second divorce if he takes her back verbally and physically during the waiting period, despite her family's rejection? Is her marriage to another man after that legally valid? What are the implications for the concerned parties if it is proven that she remained under the authority of her first husband?
The husband has the right to take his wife back as long as she is within the 'iddah (waiting period) of a revocable divorce, and the guardian does not have the right to prevent her return. If the husband says, "I have taken you back," before the 'iddah expires, the return is effective, and any contract of marriage she enters into with another man is Islamically invalid. If the guardian prevents the husband from taking his wife back, the matter should be referred to the Sharia court. Since she is still his wife, he has the rights of a husband over her, and it is forbidden for her to allow another man to be intimate with her. That man must separate from her and repent to Allah if he married her while knowing she was already married.
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- Original fatwa ID
- 118998
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