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What is the ruling on intercourse that took place between a divorced couple after an irrevocable minor divorce (baynunah sughra) and before the 'iddah period ended? Is it considered fornication (zina)? Does it affect the wife's status as divorced or married? And how is the 'iddah calculated in this case?

1 min readAlso available in العربية

Divorce is pronounced by the husband, either verbally or in writing with the intention of divorce, or it is ruled by a judge. It does not occur merely by writing or signing the divorce certificate. If a divorce occurs, describing it as irrevocable is of no consequence unless it is the third divorce, or for compensation, or by a judge's ruling; otherwise, it remains revocable, and the husband retains the right to take her back. The family's refusal has no bearing. The husband's sexual intercourse with his wife during her 'iddah (waiting period) is considered a valid return (raj'ah) by some scholars, even if the husband did not intend to take her back. In this case, the wife remains under her husband's marital bond.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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