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The question

In the Maliki school of thought, does a second divorce take effect after a void second marriage, and what is the ruling on the marital relationship thereafter?

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

It is incumbent upon a Muslim to consult scholars before undertaking any action, especially regarding matters of sexual relations, as the default rule for them is prohibition. The aforementioned marriage is invalid because the husband engaged in intercourse with his wife before the presence of witnesses, which is a condition stipulated by the Malikis. This invalidates the marriage and results in separation, making the woman a stranger to him. His intercourse with her is a sin requiring repentance. It is also important to note that whoever is aware of their actions is legally accountable, and what the woman mentioned about the permissibility of intercourse without reconciliation in other schools of thought besides the Hanafi school is unfounded.

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Original fatwa ID
153539
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