Excerpt from the book: Ahkām wa Masā'il Kitāb o Sunnat ki Roshni Mein by Shaykh Mubashshir Ahmad Rabbani
I was divorced on the first night of marriage, without consummation. I remained there for a month and then returned to my parents' home. Now six months have passed, and I have experienced three menstrual cycles. My questions are:
The separation between a husband and wife brings immense joy to Satan. In fact, if the marriage ends on the very first night, it becomes a cause for the devils to celebrate.
Sayyidunā Jābir رضي الله عنه narrated that the Messenger of Allah ﷺ said:
"Indeed, Iblīs places his throne upon the water, then sends out his troops. The closest of them to him is the one who causes the most fitnah (mischief). One of them comes and says: ‘I did such-and-such,’ and he replies, ‘You’ve done nothing.’ Another comes and says: ‘I did not leave him until I separated him from his wife.’ So Iblīs brings him near and says: ‘You are the best,’ and he embraces him."
Ṣaḥīḥ Muslim (2813)
This hadith shows that dividing spouses is among the most prized actions in the eyes of Satan.
If a man divorces his wife before consummation, the divorce is valid, but there is no ʿiddah upon the woman.
Allah ﷻ says:
﴿يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَـٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًۭا جَمِيلًۭا﴾
“O you who believe! When you marry believing women and then divorce them before touching them, there is no ʿiddah upon them that you need to count. So give them something and release them in a good manner.”
Surah al-Aḥzāb: 49
This verse proves by consensus that if divorce occurs prior to consummation, no waiting period (ʿiddah) is required.
The only exception:
If the husband dies before consummation, then ʿiddah of 4 months and 10 days is required.
If a dower (mahr) was fixed, then:
﴿فَنِصْفُ مَا فَرَضْتُمْ﴾
“…then pay half of what was fixed.”
Surah al-Baqarah: 237
If no mahr was fixed:
﴿وَمَتِّعُوهُنَّ عَلَى ٱلْمُوسِعِ قَدَرُهُ...﴾
“…give them a gift according to the means of the one who is wealthy…”
Surah al-Baqarah: 236
Since:
✔ The divorce occurred before consummation,
✔ Six months have passed,
✔ There was no ʿiddah, and
✔ You are no longer his wife —
Therefore:
❖ Reconciliation is not possible without a new nikāḥ.
❖ If there is mutual agreement, a new marriage contract (with new mahr and witnesses) can be initiated.
❖ Without your consent, this nikāḥ cannot be forced upon you.
The Prophet ﷺ said:
"لا تُنْكَحُ الأيِّمُ حتَّى تُسْتَأمَرَ، ولا تُنْكَحُ البِكْرُ حتَّى تُسْتَأْذَنَ."
“A previously married woman must not be married without her permission, and a virgin must not be married without her consent.”
The Companions asked: “O Messenger of Allah! What is her permission?”
He said: “Her silence (is consent).”
Ṣaḥīḥ al-Bukhārī: 5136, 6968
Imām al-Bukhārī رحمه الله titled this chapter:
"A father or guardian must not marry off a woman (whether virgin or previously married) without her consent."
Sayyidah Khansāʾ bint Khidām رضي الله عنها reported:
"Her father married her off while she was previously married (thayyib), but she disliked it. She came to the Prophet ﷺ, and he annulled the marriage."
Ṣaḥīḥ al-Bukhārī: 5138
Imām al-Bukhārī رحمه الله titled it:
"If a woman dislikes the marriage done by her father, it is invalid."
Imām al-Ṣanʿānī رحمه الله said:
“The woman’s consent is a condition. A wali must not proceed without it.”
Subul al-Salām (3/1319)
Imām Aḥmad al-Dihlawī wrote:
“These aḥādīth prove that the woman’s approval is essential for a valid marriage.”
Ḥāshiyah Bulūgh al-Marām (p. 211)
✔ Your ʿiddah was not required, since no consummation took place.
✔ You are no longer married to that man.
✔ You may marry anyone you wish, including your ex-husband, but only through a new nikāḥ contract.
✔ No one — including your parents — may force you into marrying someone.
✔ Your consent is religiously binding and required.
❖ Question:
I was divorced on the first night of marriage, without consummation. I remained there for a month and then returned to my parents' home. Now six months have passed, and I have experienced three menstrual cycles. My questions are:
- Can my ex-husband still reconcile with me, or is a new nikāḥ required?
- Can I be forced into marrying him again?
- Since the divorce occurred without consummation, what is the length of my ʿiddah (waiting period)?
❖ Answer:
The separation between a husband and wife brings immense joy to Satan. In fact, if the marriage ends on the very first night, it becomes a cause for the devils to celebrate.
Sayyidunā Jābir رضي الله عنه narrated that the Messenger of Allah ﷺ said:
"Indeed, Iblīs places his throne upon the water, then sends out his troops. The closest of them to him is the one who causes the most fitnah (mischief). One of them comes and says: ‘I did such-and-such,’ and he replies, ‘You’ve done nothing.’ Another comes and says: ‘I did not leave him until I separated him from his wife.’ So Iblīs brings him near and says: ‘You are the best,’ and he embraces him."
Ṣaḥīḥ Muslim (2813)This hadith shows that dividing spouses is among the most prized actions in the eyes of Satan.
❖ The Ruling on Divorce Before Consummation
If a man divorces his wife before consummation, the divorce is valid, but there is no ʿiddah upon the woman.
Allah ﷻ says:
﴿يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَـٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًۭا جَمِيلًۭا﴾
“O you who believe! When you marry believing women and then divorce them before touching them, there is no ʿiddah upon them that you need to count. So give them something and release them in a good manner.”
Surah al-Aḥzāb: 49This verse proves by consensus that if divorce occurs prior to consummation, no waiting period (ʿiddah) is required.
The only exception:If the husband dies before consummation, then ʿiddah of 4 months and 10 days is required.
❖ Mahr in This Case
If a dower (mahr) was fixed, then:
﴿فَنِصْفُ مَا فَرَضْتُمْ﴾
“…then pay half of what was fixed.”
Surah al-Baqarah: 237If no mahr was fixed:
﴿وَمَتِّعُوهُنَّ عَلَى ٱلْمُوسِعِ قَدَرُهُ...﴾
“…give them a gift according to the means of the one who is wealthy…”
Surah al-Baqarah: 236❖ Now, Can Reconciliation Occur?
Since:
✔ The divorce occurred before consummation,
✔ Six months have passed,
✔ There was no ʿiddah, and
✔ You are no longer his wife —
Therefore:
❖ Reconciliation is not possible without a new nikāḥ.
❖ If there is mutual agreement, a new marriage contract (with new mahr and witnesses) can be initiated.
❖ Without your consent, this nikāḥ cannot be forced upon you.
❖ Consent of the Woman in Marriage is Mandatory
The Prophet ﷺ said:
"لا تُنْكَحُ الأيِّمُ حتَّى تُسْتَأمَرَ، ولا تُنْكَحُ البِكْرُ حتَّى تُسْتَأْذَنَ."
“A previously married woman must not be married without her permission, and a virgin must not be married without her consent.”
The Companions asked: “O Messenger of Allah! What is her permission?”
He said: “Her silence (is consent).”
Ṣaḥīḥ al-Bukhārī: 5136, 6968Imām al-Bukhārī رحمه الله titled this chapter:
"A father or guardian must not marry off a woman (whether virgin or previously married) without her consent."
❖ Rejection of Forced Marriages
Sayyidah Khansāʾ bint Khidām رضي الله عنها reported:
"Her father married her off while she was previously married (thayyib), but she disliked it. She came to the Prophet ﷺ, and he annulled the marriage."
Ṣaḥīḥ al-Bukhārī: 5138Imām al-Bukhārī رحمه الله titled it:
"If a woman dislikes the marriage done by her father, it is invalid."
Imām al-Ṣanʿānī رحمه الله said:
“The woman’s consent is a condition. A wali must not proceed without it.”
Subul al-Salām (3/1319)Imām Aḥmad al-Dihlawī wrote:
“These aḥādīth prove that the woman’s approval is essential for a valid marriage.”
Ḥāshiyah Bulūgh al-Marām (p. 211)
Final Summary
✔ Your ʿiddah was not required, since no consummation took place.
✔ You are no longer married to that man.
✔ You may marry anyone you wish, including your ex-husband, but only through a new nikāḥ contract.
✔ No one — including your parents — may force you into marrying someone.
✔ Your consent is religiously binding and required.
