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The question

How do we reconcile the idea that divorce is the most detestable of permissible acts, and that the Throne of the Most Merciful shakes at it, with what is narrated about the frequent marriages and divorces of one of the Masters of the Youth of Paradise (Al-Hassan or Al-Hussein), to the extent that our master Ali said: "Do not marry him off, for he is a frequent marrier and divorcer"? And why did the Prophet Muhammad refuse Ali's marriage to Lady Fatima, saying: "Indeed, what harms Fatima harms me," despite polygyny being permissible in Islam? And is it permissible for a woman to stipulate to her husband that he not marry another wife while married to her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce is permissible (halal), not forbidden (haram), and there is no sin upon the one who divorces. However, it may have incidental rulings. Divorce is of four types: forbidden (haram), disliked (makruh), obligatory (wajib), and recommended (mandub). It is never merely permissible (mubah) with equal weight on both sides.

Obligatory (Wajib): In two cases: 1. If the two arbitrators (hakamayn) appointed during a dispute see that divorce is in the best interest. 2. If four months have passed for the mu'li (one who swears not to approach his wife) and he refuses to return (fay'a) or divorce, then the judge must issue a divorce on his behalf. Disliked (Makruh): When the relationship between the spouses is stable and divorce occurs without reason. The hadith "The most disliked of permissible things to Allah is divorce" is understood in this context. Forbidden (Haram): In three scenarios: 1. Divorcing a wife during her menstrual period without compensation or her request. 2. Divorcing a wife during a period of purity (tuhr) in which he had intercourse with her, before pregnancy becomes evident. 3. If he has other wives for whom he divides his time, and he divorces one of them before fulfilling her share. Recommended (Mandub): If the wife is not chaste, or if both spouses or one of them fears that they will not be able to observe the limits set by Allah.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
58141
Imported
Translation status
Source text, unreviewed
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