What is the ruling concerning a husband who divorced his wife with both a bid'i (innovated) and a sunni (lawful) divorce, then claimed that the bid'i divorce did not occur, following Ibn Taymiyyah, and that the conditional divorce did not occur because he did not intend divorce, and that his extreme anger was what drove him to utter the word of divorce?
A woman's marriage without a guardian is invalid according to the majority of scholars. However, if someone performs it in imitation of Abu Hanifa's school of thought, their marriage is valid. The concerning innovative and conditional divorce is based on the opinion of the majority, but there is no harm for someone who acts upon the opinion of the differing view if they are confident in its correctness. In matters of divorce, the husband's statement is accepted. So, if he claims that he did not intend divorce by the condition or that he uttered it unknowingly due to extreme anger, his statement is accepted. If you both follow the opinion of those who do not consider innovative or conditional divorce, which was intended as an oath, to be binding, and you are convinced of the husband's truthfulness, then there is no harm for you in allowing him access to yourself, and he may see your body if you both are secure from anyone finding out.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 140493
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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