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Divorce And Non Consummated Marriage
Asking for an anonymous person
If a couple live together and they are involved in physical intimacy and intimate acts but they have not done the actual act of consummation due to a mutual decision
But besides that they are actually involve in intimacy that could lead to consummation
Now my question is that in case of unintentional utterance of divorce where the husband uttered divorce in an emotional outburst or to threat the wife
But he has no actual intention to dissolve the marriage contract at the moment
What is the rulling for them
And also if someone intentionally utters divorce in the same case
Is the husband has right to ruju
And wife has to observe iddah
If the husband want to reconcile in the second case where the utterance was intentional what is the rulling
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1 Reply
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Divorce And Non Consummated Marriage
updated 3 days, 17 hours ago
2 Members
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1
Reply
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In the first case, the divorce is invalid and does not take effect.
In the second case, the divorce is valid and takes effect. If it is the first or second divorce, the husband may reconcile with his wife during the “iddat” period (three menstrual cycles).
However, if the wife maintains that the marriage was not consummated, she is not required to observe “iddat” and is free to remarry immediately. In that case, if the couple later wishes to reconcile, they must enter into a new ‘nikah”.
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This reply was modified 3 days, 17 hours ago by
Dr. Irfan Shahzad.
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This reply was modified 3 days, 17 hours ago by Dr. Irfan Shahzad.
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This reply was modified 3 days, 17 hours ago by
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