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

Fatwa Number : 2880

Date : 04-03-2014

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

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?



The Answer :

Praise be to Allah the Lord of the Worlds.

Divorcing wife before the consummation of the marriage counts as a first divorce (Ba`in Bainona Soghra). 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`in Bainona Soghra). If he takes her back with a new Mahr and contract then divorces her, this counts as a major irrevocable divorce (Ba`in Bainona Khobra) 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`in Bainona Khobra)." The latter article covers all cases of the threefold divorce, whether they involved Bai`nona Soghra and a new contract or not. And Allah the Almighty knows best.






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