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Whose statement is to be accepted regarding the number of times divorce occurred between the spouses: the statement of the husband who claims he divorced twice, or the statement of the wife who is certain he divorced three times, knowing that what is documented with the ma'dhun (marriage officiant) is two divorces?

1 min readAlso available in العربية

If the sister is certain that her husband has divorced her irrevocably (thrice), it is not permissible for her to marry him again until she marries another man (a genuine marriage, not for the purpose of making her lawful for her previous husband) and he consummates the marriage with her, and then divorces her. If her waiting period (iddah) ends based on her claim, she is irrevocably separated from him, and he has no right over her. It is not permissible for her to return to him except after marrying another husband. If her waiting period has not ended, and the husband claims his right to take her back, his claim is accepted judicially. However, it is not permissible for her to willingly enable him to have her, and she must seek a khul' (divorce at her initiative by returning the dower) if she cannot free herself by other means. It should be noted that divorce takes effect as soon as the words are uttered, and its documentation is not a condition for its وقوع (occurrence).

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Source platform
Ftawy
Original fatwa ID
122103
Imported
Translation status
Source text, unreviewed
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