Is a woman considered divorced three times based on the fatwa of Sheikh Al-Jaza'iri and the signing of the divorce paper before the judge, knowing that the imam of the mosque issued a fatwa that signing is the third pronouncement of divorce, and that the divorce of a menstruating woman does not count according to the fatwa of Sheikh Al-Arifi, and what is the ruling on the husband continuing to visit her despite the ambiguity of the divorce status?
If the husband did not utter the divorce explicitly or write it with the intention of effecting it, then divorce does not occur merely by his answering "yes" to the wife's question, "Do you want a divorce?" Divorce pronounced during menstruation or during a period of purity in which intercourse occurred is effective, despite being considered an innovation by most scholars. It is permissible for one who has been given a by a scholar who deems it not to occur to act upon it. It is advisable to avoid wavering and moving between different muftis.
The spouses should refer to the Islamic Center and present the matter to scholars to ascertain what has transpired regarding the divorce, and to finalize it if the husband wishes to do so. The Islamic Center acts in place of the judiciary. Resorting to secular courts to legally terminate the marriage does not terminate it religiously until after consulting the Islamic Centers.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/162923
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 162923
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy