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What is the Islamic stance of a woman who gets married to another man with a “Fâtiha” after being divorced without issuing the verdict of divorce?
This divorce takes effects if the woman is divorced according to the legal divorce (the Sunni divorce), and the divorcee has to wait for her Idda or her prescribed period (three month from the moment the husband pronounces the word “divorce”). Thus, her marriage to another man in 1999 (after the end of her Idda) with “Fâtiha” and with the presence of the tutor and two just witnesses is legitimate and correct even though the verdict of divorce is not yet pronounced. Concerning the ex-husband, he has no right to bring a suit against her to restore her because the divorce is irrevocable, and she can not be accused of adultery since her marriage is legitimate But if the husband did not pronounce the word “divorce”, the woman is still his wife and her relation with the second husband is not legitimate, thus she has to be divorced from the second husband and return back to the first one. |
