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Consummating the nikaah for halaalah to be valid

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A man divorced his wife with 3 talaaqs. Months later after her iddat, she remarries another man. However, after the nikaah she changes her mind and the man divorces her. They did not consumate the nikaah. Can she marry her first husband?

Bismillaah

A: No. She has to consummate the nikaah and only after that if she receives a divorce from the second husband and then sits in iddat can she remarry the first husband.

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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