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Having intimate relations after faskh of nikaah

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My wife was granted a faskh and now she is in iddah but we still have sex. Is the faskh still valid?

Bismillaah

A: When you say that there was faskh then faskh means that the nikaah has been cancelled. Hence you are no more her husband. If the faskh stated that you are divorced just once then you can remarry.

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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