What is the ruling on scholars taking money for fatwas regarding ta'zir divorce, and is it permissible to impose ta'zir with money?
If a man divorces his wife while she is menstruating or in a period of purity during which he had intercourse with her, whether forgetfully or by mistake, there is no sin upon him. However, if he divorces her intentionally under these circumstances, it is an innovated (bid'i) and forbidden divorce, and he must seek forgiveness and repent. The divorce of one who intentionally divorces in this manner is valid according to the majority of scholars. Taking money from the divorcing husband has no proof of its legitimacy because no expiation is incumbent upon him, and disciplinary action (ta'zir) is the prerogative of the ruler or his representative. Whoever has taken the money must return it to its owner.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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