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The question

What is the status of a wife whom her husband had intercourse with twice during her waiting period (iddah) against her will, and the waiting period ended without a formal resumption of marital relations, yet he claims she is still under his marital authority due to this intercourse?

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

If the divorce is revocable (after consummation, not for a financial consideration, and not completing the three divorces), the husband has the right to take back his wife during her ' (waiting period) verbally or through sexual intercourse, according to some scholars, without requiring the wife's consent. However, if the divorce is irrevocable (for a financial consideration or completing the three divorces), the husband does not have the right to take her back except with a new contract. In this case, sexual intercourse with her is forbidden and does not result in her return to his marital bond. To determine the ruling, it is necessary to know the type of divorce that occurred before the registrar. It is advisable to present the matter to the court or to scholars. It is important to note the significance of documenting divorce and marriage in courts.

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Where this answer came from
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Ftawy
Original fatwa ID
187392
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