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Fatwa CenterTriple divorce before consummation of marriage
Question
My husband suffers from an erectile dysfunction; we have never been able to consummate this marriage. Due to some differences which arose, he sent me a divorce deed from Pakistan which said that he is declaring a triple divorce and then it said that he divorces me in three separate lines. If I want to get back together with him, is Halalah (wife marrying another husband and consummating the marriage with him) necessary even though our marriage was not consummated due to his medical problem, or can we remarry with a new marriage? In Pakistan, the triple divorce is declared as one according to the Muslim Family Ordinance. And can we get back together within the ‘Iddah (waiting) period? Is that the right thing to do? Am I allowed to follow my country's law as they have been passed by the Islamic ideology council and the court in Pakistan?
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The right thing to do in this regard is to consult with a reliable scholar whose knowledge and piety you trust and act upon his opinion.
Al-Qurtubi 
wrote, “A lay-Muslim, who does not have adequate knowledge to practice Ijtihaad (independant reasoning) given his lack of qualification to do so, is obliged to consult the most knowledgeable scholars of his time and country and follow their fatwa; Allah, the Exalted, says (what means): {So, ask the people of the message if you do not know.} [Quran 16:43] He has to strive in looking for the most knowledgeable scholar until he finds the scholar upon whose knowledge most people agree.” [Tafseer Al-Qurtubi]
There is no harm in referring the case to a Shariah court in your country; this may even be better because scholars held different views regarding your situation and the judge's verdict is binding and eliminates the scholarly difference of opinion in cases subject to Ijtihaad. For more benefit, please 89707.
Allah knows best.
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