What is the ruling on a husband taking back his wife after divorce and before consummation, without a new marriage contract, and what are the implications of this in terms of marriage and childbirth? Is a new contract necessary?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
This marriage is invalid due to the absence of a new contract with a guardian (wali) and two witnesses. Divorce before consummation is an irrevocable divorce (bain), and it is impermissible to continue this relationship; rather, it must be annulled. The child is attributed to his father due to the excuse of ignorance. If the couple wishes, they can establish a new contract with a guardian, two witnesses, and a dowry.
Summarized from the full answer at Ftawy · imported
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- 40543
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