Remarrying ex-husband without having sex with second one Fatwa No: 90589
- Fatwa Date:2-10-2005
Supposing an old couple decides to remarry. The wife enters into Nikaah with another person. Another person divorces her but did not do sex because she is old enough and sexual relationship is neither advisable nor desirable. Can she remarry ex-husband after divorce by the second person without sexual intercourse?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
First of all we would like to inform the questioner brother that if this is an a assumed case only then we have many real questions which are more important and essential to be answered, so we hope that the brother will not busy us with such imaginary questions.
As for your question 'old couples decided to remarry' if the ex-husband had divorced her, thereafter she got married to another person and then the later divorced her, in this case, she may remarry the first husband even if the second husband did not have sexual intercourse with her. However, if he (first husband) had divorced her thrice, which is considered an irrevocable divorce, then she can not remarry him unless the second husband has sex with her, for it to be acceptable in Islam, without intending to make her lawful for the first husband.
Allaah Knows best.