Does divorce take effect by agreeing to sign divorce papers with the intention of divorce? Does signing the papers confirm the divorce? If it takes effect, what is the waiting period (iddah) for a wife whose menstrual cycle is irregular? Is it permissible to circumvent the law to obtain a divorce certificate in order to marry another, knowing that the law does not permit polygyny?
If a woman stipulates in the marriage contract that her husband shall not marry another wife, then she is entitled to her condition, and she has the right to annul the marriage if he marries another. The husband's signing of divorce papers and telling his wife, "The signature means divorce," results in divorce if he intended it. The waiting period (iddah) for a menstruating wife is three menstrual cycles, whether her cycles are regular or irregular. If menstruation ceases due to a temporary cause, she should wait for the cause to disappear and for blood to return, unless she becomes menopausal, in which case her waiting period is three months. Employing a stratagem to circumvent a law that prohibits polygyny is permissible if it does not lead to real harm or significant corruption. However, a wife remaining under her husband's marital authority while a formal divorce document is issued for her entails great corruptions. It is advisable to present the matter to scholars at an Islamic center.
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