What is the legal status of a divorce pronounced upon a woman with whom consummation (Dukhul) has not yet taken place?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
Scholarly consensus dictates that a wife upon whom consummation has not occurred becomes irrevocably divorced (Tabina) by a single pronouncement, and her husband has no right to revoke the divorce. This is because the right of revocation only applies during the Iddah, and there is no Iddah before consummation, as established by the Quranic injunction regarding believing women whom one marries and then divorces before touching them, stating they have no waiting period to observe (Quran 33:49). Thus, she is separated immediately upon divorce and is entitled to no maintenance or resumption of the marital bond.
Supporting text
If the husband wishes to remarry her after this separation, he must propose to her with a new contract and marriage contract, in which case she returns to him with two remaining pronouncements of divorce. If he divorces her twice and then marries her again, she returns to him with one remaining pronouncement of divorce, with no disagreement among scholars.