Is a woman considered irrevocably divorced, and is it permissible for her to marry another, or is she still bound to her ex-husband after he had intercourse with her with her consent a month before the end of her waiting period?

If the divorce is revocable, then the mere act of a husband having sexual intercourse with his revocable divorcee during her iddah (waiting period) is considered a valid and legitimate return (rajah) according to the majority of scholars (Hanafi, Hanbali, and Maliki schools). The Shafii school, however, restricts rajah to verbal declaration only. The Maliki school stipulates the intention of rajah, and witnessing is recommended by the majority.

If the divorce is irrevocable, the divorcee is not considered under his marital bond, and sexual intercourse is forbidden. If both spouses are aware of the prohibition, it is considered zina (fornication/adultery); otherwise, it is considered wat shubhah (intercourse based on misconception). In both cases, she is not permitted to marry another man until her iddah from him has expired. The two iddahs overlap if they are from the same man.

The iddah of a woman who has had intercourse due to misconception or zina is the same as that of a divorced woman. The Hanbali school adds the condition of repentance from zina for the lawfulness of marrying a woman who has committed zina.