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Do we have to re-do nikah as we did not consummate our marriage ?

Question:

Asalam-u-alikum,

May Allah bless you.

My question regarding your answer is that, Is this consider to be divorce and do we have to re-do nikah as we did not consummate our marriage.

My intention is not to give divorce at that time but my words are *i am harram for you from now on*. I have done kafar for zihar but i am still confuse about the matter.

May Allah forgive all of us.

I am waiting for response.

Jazak ALLAH khair.

Asalam-u-alikum

Answer:

بسم الله الرحمن الرحيم

Your statement, “I am harram for you from now on” constitutes one irrevocable divorce (talaq bain), not “zihar”, irrespective of whether you had intention of divorce or not, or whether you consummated the marriage or not.[1] Therefore, if you desire to take her back, you must renew your marriage, either during her waiting period (iddat) or after its expiry.[2]

Only Allah تعالى knows best

Written by Abu Muhsin Osmani

[1] Raddul Muhtar: p. 529-531, v. 4 (Maktaba Imdadia) Raddul Muhtar: p. 74-78, v. 5 (Maktaba Imdadia) The Complete System of Divorce in Islam: p. 55-56 Fatawa Darul Uloom Deoband: p. 291 and 303, v. 9-10 (Darul Isha’at) [2] The Complete System of Divorce in Islam: p. 97 and 99 Fatawa Darul Uloom Deoband: p. 267, v. 9-10 (Darul Isha’at)

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