Does a divorce that has been issued by the husband more than 15 times, in a state of extreme anger and without a real intention to divorce, take effect, and what is the ruling on a marriage that was conducted without a guardian but with the presence of a ma’dhun and has an official marriage certificate?
Marriage for a woman without a wali (legal guardian) is invalid according to the majority of scholars. Divorce, in this invalid marriage, is effective and considered an irrevocable divorce (طلاق بائن) over which the husband has no right of return. Anger does not prevent the occurrence of divorce as long as the person uttering it is aware of what they are saying, and a claim of ignorance regarding the ruling of divorce is not accepted. Based on this, the aforementioned marriage is invalid, and the wife has become irrevocably separated from her husband by the first pronouncement of divorce. She must separate from him immediately. If he wishes to marry her again, he must conclude a new contract with her wali. It is advisable to present the matter to a Sharia court or to trustworthy scholars. The husband must also offer sincere repentance for drug abuse.
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- Original fatwa ID
- 133364
- Imported
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