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Marriage of Convenience

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: With regards to marriage is it permissible for a man and woman, after having being divorced to remarry others for the sole purpose of divorcing them and re-marrying each other? In other words, have a marriage of convenience?


A:If a man divorces his wife thrice then a process of halaalah has to take place before they can get back together. The process is as follows: she must observe her iddat then get married to someone else and the marriage must be consummated. He then divorces her and after her iddat she would be free to marry her first husband. This should not be pre planned but should happen automatically. If they pre plan it she would still be free to marry the first husband despite it being wrong. If a man sees this couple in distress because of the three talaaqs and he gets married to the woman to make her available for the husband without pre planning it with the husband or wife then he will be rewarded and she will be free to marry the first husband.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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