What are the rulings concerning divorcing a wife with whom conjugal relations have been established – but who has not yet been formally escorted to her husband's house – by uttering the phrase "You are divorced twice," and what legal issues arise from that, and what is the ruling concerning the contract written by the ma'dhun (authorized marriage officiant)?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a valid seclusion () occurred where intercourse was possible, the husband may take back his wife during her ' (waiting period). However, if the seclusion was not valid, the divorce is irrevocable (bain), and the couple can remarry with a new contract and mahr (dowry). It is not necessary to rewrite the contract with the ma'dhun (authorized marriage official); the previously written contract is sufficient.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 160428
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