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The question

Is separation obligatory if consummation has not occurred after a second marriage, given that the husband refuses consummation under the pretext of awaiting the success of the marriage and the wife’s weight loss, in addition to his retraction from verbal agreements regarding rights?

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

Firstly: What transpired regarding the issues of marriage, divorce, dowry, and waiting period should have been presented to a trustworthy shaykh, or an Islamic center, or a Sharia judge, instead of taking rulings from people or from a shaykh's lesson.

Secondly: Details of divorce before consummation: 1. If divorce occurs before consummation without complete seclusion (khalwa): There is no waiting period (iddah) for the woman, and she is entitled to half of the named dowry. If no dowry was named, she is entitled to compensation (mut'ah). The husband cannot take her back except with a new contract and dowry. 2. If divorce occurs before consummation with complete seclusion (khalwa): The woman must observe a waiting period (iddah) and is entitled to the full dowry, according to the majority of scholars. The husband cannot take her back except with a new contract and dowry. 3. The new contract is valid and its legal effects apply. The conditions agreed upon in accordance with Sharia must be fulfilled, and it is not permissible for the husband to request the relinquishment of rights except with the wife's free consent.

Thirdly: The husband's retracting from the agreed-upon conditions is not permissible for him, whether they were verbal or written. They are binding upon him religiously, even if not documented.

Summary: 1. The first marriage ended with a valid Sharia divorce. Since it occurred before consummation and after complete seclusion (khalwa), the wife is entitled to the full dowry and must observe the waiting period (iddah). She cannot return to her husband except with a new contract and dowry. 2. The spouses' return to each other with a new contract and dowry is valid. The second contract is valid and its effects apply, and the agreed-upon Sharia conditions must be fulfilled.

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Ftawy
Original fatwa ID
5636
Imported
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Source text, unreviewed
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