Rulings having to do with divorce before consummation of the marriage

Firstly: 

It would have been better for you and your husband to refer
what happened between you of matters having to do with marriage, divorce,
the mahr and ‘iddah before deciding whether to end the marriage or carry on
with it, to a shaykh near you, or to an Islamic centre run by people who you
trust, or to wait until you asked someone whom you trusted, even if that was
someone far away. You should not have taken the rulings on these issues from
people or from a lesson given by a shaykh in a mosque. This is the advice
that we always give to spouses who have problems, and we advise them to
refer matters of marriage and divorce only to an Islamic judge (qaadi) or to
one who plays the same role in countries where there is no Islamic legal
system. 

Secondly: 

With regard to divorce before consummation of the marriage,
the following details apply: 

1.

If a divorce is issued to the wife before consummation of the
marriage and without having been completely alone together in such a manner
that consummation of the marriage would have been possible, then she does
not have to observe ‘iddah, and she is entitled to half of the mahr that was
agreed upon. If no mahr was agreed upon, then she is entitled to some
payment, according to how well off he is. And he cannot take her back except
with a new marriage contract and mahr. 

Please see the answers to questions no.
75026 and
99597. 

2.

If a divorce is issued to the wife before consummation of the
marriage but they have been completely alone together in such a manner that
consummation of the marriage was possible, then the majority of Hanafi,
Maaliki, Shaafa‘i (according to the earlier view of their madhhab) and
Hanbali scholars  are of the view that she must observe ‘iddah and she is
entitled to the mahr in full. As far as taking her back is concerned, the
majority of Hanafi, Maaliki and Shaafa‘i scholars are of the view that he
cannot take her back except with a new marriage contract and mahr. 

Please see the answers to questions no.
49821 and
118557. 

3.

As you (re)married in that manner – i.e., with a new marriage
contract and mahr – then at present you are a wife to him according to
sharee‘ah, and he is your husband; the marriage contract between you is
valid, with all its shar‘i implications, and it is not permissible for
either of you to undermine any of its conditions, if the conditions are
Islamically acceptable. Moreover, it is not permissible for him to ask you
to give up some of your rights, unless you do that willingly, not as a
result of compulsion or embarrassment. 

It was narrated from ‘Uqbah ibn ‘Aamir (may Allah be pleased
with him) that he said: The Messenger of Allah (blessings and peace of Allah
be upon him) said: “The conditions
that most deserve to be fulfilled are those by means of which intimacy
becomes permissible for you.”

Narrated by al-Bukhaari, 2572; Muslim, 1418. 

Al-Haafiz Ibn Hajar (may Allah have mercy on him) said: The
words “those by means of which
intimacy becomes permissible for you” mean: The
conditions that most deserve to be fulfilled are the conditions of marriage.

End quote from Fath al-Baari, 9/217 

For more details on conditions in the marriage contract,
please see the answers to questions no.
10343,
49666 and
20757 

Thirdly: 

It is not permissible for the husband to go back on the
conditions that he agreed upon with his wife or her guardian, whether the
conditions were stated verbally or in writing. If the conditions were not
recorded in the marriage contract, then they are still binding on him before
his Lord, may He be exalted, even if they are not legally binding. Please
see the answer to question no.
126855.

To sum up: 

1.

Your first marriage ended with a valid, Islamically
acceptable divorce. As it happened before consummation of the marriage and
after being alone with him in such a manner that he could have consummated
the marriage, then you are entitled to the mahr in full, and you have to
observe ‘iddah, and you cannot go back to him except with a new marriage
contract and mahr. 

2.

Your going back to your husband with a new marriage contract
and mahr is valid, whether you were completely alone with him or not. Hence
your second marriage contract is valid with all its shar‘i implications, and
you both have to fulfil the Islamically acceptable and permissible
conditions stipulated by both of you, whether they were stated verbally or
in writing. 

We ask Allah to guide your husband to that which He loves and
is pleased with, and to guide him to adhere to what we have mentioned of
rulings. If he does not agree with what we have mentioned here, then we
advise you to take your case to the director of the nearest Islamic centre,
or to someone near you whose knowledge and religious commitment you trust.
There is nothing wrong with asking some sincere people to intervene,
especially if they are from your family or his, to bring about
reconciliation between you. 

And Allah knows best.