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Revoking a talaaq without the wife’s consent

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Two weeks ago a Shariah court issued a talaq raji. We continued to live in the same house and bed. Last night my husband forced me to have intercourse with him despite my objections and plea not to. He is physically stronger than me so I could not stop him. I am currently under iddah. Are we still divorced or does the sexual act automatically reinstate our marriage even though I didn’t agree to it?

Bismillaah

A: It has been reinstated.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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