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The question

What is the Sharia ruling on a couple returning to each other after a divorce of which the wife was unaware, and which occurred under duress before consummation?

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

A divorce pronounced under compelling duress does not take effect, and as a result, the marital bond remains. Consequently, any subsequent divorce pronounced after that (initial, invalid one) would be effective. However, if the duress was not compelling (such as insults, verbal abuse, or taking a small amount of money), then the first divorce is effective, and the subsequent divorce does not take effect. In this case, the cohabitation and children born are considered intercourse under misconception (wat’ ), where the child's lineage is attributed to the man, and the marriage contract must be renewed to rectify the . It is preferable to refer to the Shar’i courts.

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Ftawy
Original fatwa ID
61720
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