My husband has divorced me by a text message and applied for court to prove. It is not yet approved from court. As far as I know it is a divorce.

Within the next one month he had sex with me. So will it considered as reconciliation? As he mentioned he did not have intention of reconciling marriage.

Now, it's confusing due to the law. As from court, the qadhi/judge has told it can be reconciled only if it was informed to the court and the papers were filed.

In that case will that act of sex be deemed as zina?

1 Answer 1


It is generally accepted that sex after talak is reconcilation if it is done within the waiting period.

According to Sunnī and Shīʻa jurisprudence, the couple is supposed to try to reconcile during the waiting period, with the help of mediators from each family. If the couple breaks the waiting period by engaging in sexual intercourse, they are deemed to have been reconciled and the divorce is voided. (Source: Wikipedia)

  • This answer might be more useful if you addressed at least two special cases: 1. third divorce 2. discussion of the acceptance of intercourse as a reconciliation - as at least in sunni fiqh there are differences in the four schools, what you presented is most likely the view of the hanbali school of fiqh.
    – Medi1Saif
    Dec 17, 2017 at 11:43

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