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Fatwa CenterRuling on sexual intercourse with one's divorced wife before renewal of marriage contract
Question
I have been married since six years and have two children. I filed for Khul‘ (type of divorce requested by the wife) last year because my husband did not provide for me or for his children and was spending all his money unlawfully. I got a divorce although he did not want it. Six months ago, he came back to me, crying, asking me to be together again for the sake of his children. He talked to my father, and they agreed that we would be joined again, but my father returned to Spain before concluding the new marriage contract. In France, concluding a marriage contract requires some documents, such as a newly obtained copy of the birth certificate. We sent the application for the birth certificate to Morocco, but it took a long time. We had sexual intercourse one month before concluding the new marriage contract. What is the religious ruling in this regard? Was it unlawful? Is expiation due or what should we do, given that we are now married with a new contract?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
We understood from the question that the divorce in your case was Khul‘. Therefore, as soon as you get a Khul‘, it is considered an irrevocable divorce in a minor sense, and the wife is considered the same as other non-Mahram (unmarriageable kin) women to her ex-husband. It is impermissible for him to stay with you, visit your house, be alone with you, not to mention having intercourse with you!
Hence, having sexual intercourse before renewing the marriage contract constitutes manifest adultery that lacks any considerations that may waive the Hadd (i.e. prescribed punishment for crimes by the Sharee'ah) or wipe out the sin. However, if you turned to Allaah, the Exalted, in repentance, there is no harm in renewing your marriage contract, and the due conditions should be fulfilled, i.e. the presence of the wife's Wali (matrimonial guardian), witnesses, and dowry. This should be done after making sure that you are not pregnant through adultery so that the 'water' (semen) of marriage would not get mixed with that of adultery.
Allaah Knows best.
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