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New Marriage Contract Concluded after the Pre-Marriage Consummation Divorce doesn`t Invalidate Previous Occurrences of Divorce

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
Someone concluded a marriage contract with a girl then they disagreed and so he divorced her before the consummation of the marriage. Later on, he concluded a new marriage contract with her and they disagreed, so he divorced her again before the consummation of the marriage. Later on, he concluded a new contract and they disagreed, so he divorced her again. Does this count as a threefold divorce?

Answer:

Praise be to Allah the Lord of the Worlds.

Divorcing wife before the consummation of the marriage counts as a first divorce(Ba`inBainonaSoghra). If he takes her back with a new Mahr (Bridal gift) and contract and divorces her before the consummation then this counts as a second divorce(Ba`inBainonaSoghra). If he takes her back with a new Mahr and contract then divorces her, this counts as a major irrevocable divorce(Ba`inBainonaKhobra) whether it took place before or after the consummation and she becomes unlawful to him until she marries someone else and that person gives her final divorce willingly. In other words, the new contract concluded after the pre-marriage consummation divorce doesn`t invalidate previous occurrences of divorce.

Article (36/ 2010) of the Jordanian Personal Status Law states, "Major irrevocable divorce takes place after the third divorce, whether the latter took place before or after the consummation of the marriage." Article (94) of the same Law states, "The third divorce invalidates the marriage contract since it entails the major irrevocable divorce (Ba`inBainonaKhobra)." The latterarticlecovers all cases of the threefold divorce, whether they involved Bai`nonaSoghra and a new contract or not. And Allah the Almighty knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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