FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1630: ADAKAH DIBENARKAN BERSETUBUH JIKA PENCERAIAN MASIH BELUM DISAHKAN DI MAHKAMAH?
Is a husband allowed to have intercourse with his wife after pronouncing talaq if the divorce has not yet been confirmed by the court?
Short answer
Under Islamic law, talaq takes effect as soon as it is pronounced, whether inside or outside court, so it is forbidden for the husband to have intercourse with his ex-wife during the divorce period even if the court has not yet confirmed it.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Under Islamic law, talaq takes effect as soon as it is pronounced, whether inside or outside court, so it is forbidden for the husband to have intercourse with his ex-wife during the divorce period even if the court has not yet confirmed it. Their continued status as spouses before confirmation is valid only in law, not in sharia. Intercourse before reconciliation (rujuk) may be regarded as zina, and both parties must repent. Couples are advised to register talaq and rujuk at the Syariah Court, and a pronouncement made outside court should be confirmed within 7 days.
Written in our own words from the original fatwa — check the source before acting on it.
Dari segi hukum syarak, sejurus sahaja talak diucapkan maka talak satu akan jatuh serta-merta tidak kira sama ada lafaz talak diucapkan di mahkamah ataupun luar mahkamah.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1630: ADAKAH DIBENARKAN BERSETUBUH JIKA PENCERAIAN MASIH BELUM DISAHKAN DI MAHKAMAH?”, 24 February 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4230-al-kafi-1630-adakah-dibenarkan-bersetubuh-jika-penceraian-masih-belum-disahkan-di-mahkamah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/intercourse-before-divorce-confirmed-by-court/