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Fatwa CenterDivorced his wife before consummating marriage and wants to take her back
Question
Assalamu alikum, following situation is very important for two families. There is a brother whose nikah was done when both the girl and the boy were 12 to 14 years approx. But the families postpone the consummation of marriage or Rukhsati for a later time. Later on when the girl became mature, she said I will not marry this guy, the guy did not wanted to leave the girl. But the girl did not agree. Now with the pressure of his family he wrote one divorce and after one month he wrote second and third divorce at once in Pakistani court. Now the girl says i will not marry any other guy rather i will go back to the first one again. Her family says someone did black magic on her that is why she said she wanted to leave the guy, but now she is fine. She only wants to come back to the first one. the question is does this divorce count? considering the following points 1. he says he wrote divorce on the pressure of his family. 2. the girl's family say their was black magic on her before, 3. writing one divorce and next month writing 2nd and 3rd at once? if the divorce counts then how can they marry each other? when they never met each other after nikah. should she marry another guy and by chance he divorce her and then she can come back to the first one or is their any other way?
Answer
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The fact that the wife was under the influence of magic is irrelevant. The divorce is the right of the husband; whenever he divorces his wife, divorce takes effect regardless of the wife's state at the time.
If the husband wrote the words of divorce with the intention of divorce, then the wife is irrevocably divorced by that first divorce, because divorce effected before the consummation of marriage counts as an irrevocable divorce with a minor separation. The remaining divorces are not taken into consideration because the wife was not under the bond of marriage with him when issuing them, so these divorces against her do not take effect.
Finally, if he wishes to take her back in marriage, they have to conclude a new marriage contract with the consent of her Wali (marital guardian) and the presence of the witnesses because she is no longer his wife. He has become a non-Mahram man to her just like any suitor proposing to her in marriage.
For more benefit, please refer to Fataawa 10366, 256099 and 82541.
Allaah Knows best.
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