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Intimacy During Iddah (After Proclamation Of Divorce)
If the husband has divorced his wife and he has lost all interest in reconciliation but still initiated sexual intercourse with his wife and showed intimacy, does that revoke the divorce? Or is it necessary for the husband to announce it ? Secondly, if the husband initiated intercourse but had no intentions of reconciliation, is he going to be accountable for it ?
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5 Replies
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Intimacy During Iddah (After Proclamation Of Divorce)
updated 4 years, 2 months ago
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5
Replies
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I think that such an intimate act, for all practical purposes, would be considered Ruju from Husband. Therefore, in order to give divorce again, a husband has to follow the procedure from the beginning. And if husband had no intention of Ruju to begin with and still committed this act, then this is a grave sin and he will be held accountable for it.
Dr. Irfan Shahzad Sahab ( @Irfan76 ) can add his scholarly insight into this matter.
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Intimacy is the ultimate proof of Ruju, intention will not be counted. if he still want to divorce her, he has to initiate the process again.
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Does that mean he will have to announce 1st notice again or can continue with 2nd notice.
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Scholars in this forum to confirm.
I am not a scholar but to my knowledge if the first decision of divorce was based on a calm and deliberate thought process and it was announced then the second divorce will be a count two out of possible two reversals allowed but that is only if the decision for reversal was made within 3 months. Beyond 3 months divorce is final but the person can remarry the same women again. Two divorce reversals within 3 months of divorce or twice remarrying the same women is allowed, but in either case after 3rd deliberate divorce a reversal or remarrying the same women is not allowed unless it so happens that she seriously remarried another person and by the will of Allah once again she receives 3 proper, deliberate and honest divorce from the second husband. A fake dramma or a fake second marriage and divorce is trying to deceive Allah and a great sin.
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Yes Nadeem’ sahib you are right. This ruju should be in the given period of Iddat which is three menstrual cycles or three months. If he makes a ruju and he gives another divorce it will be the second divorce and now he has lost his chanced of ruju. The third divorce will be the final.
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