Me and my wife have been divorced by a state judge in USA, but my ex wife wants to keep bodily relations with me. In Islam are we divorced or do I need to utter the word Talaq three times to her?, also have we been comitting sin since we had relations after the court divorce?
Answer:
If the husband instituted divorce through court and it was granted, it will
be regarded as only one Talaaq-e-Raj’ee (revocable divorce). The husband can
revoke the divorce within the Iddat period.
If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain
(irrevocable divorce). In such a situation, a reperformance of Nikah will be
necessary. If the wife instituted the divorce through Court, it will not
constitute Talaaq.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.