What is the religious ruling regarding a wife who seeks divorce from her husband without cause, under the pretext that her family is not pleased with the marriage, which is not documented by an official contract, knowing that the wife is convinced of this decision and has fabricated her arguments? And what is the ruling on a husband divorcing his wife while she is menstruating? And is the divorce of an angry person considered null and void?
If the marriage contract was concluded with all its conditions fulfilled, the woman is considered a legal wife, even if the marriage was not registered. Divorcing a menstruating woman is forbidden but still valid. Since you reconciled with your wife during her waiting period (iddah) in both instances of divorce, there is no need to renew the contract, or obtain her consent, or the consent of her guardian, based on the Almighty's saying: "And their husbands have more right to take them back," unless this was the third divorce. We call upon the woman to fear Allah and return to her husband, and upon her father to cease inciting her against him. If she repents and returns, then praise be to Allah. But if she persists in her defiance, she is considered rebellious (nashiz), and her matter should be referred to the judge.
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- Original fatwa ID
- 68893
- Imported
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- Source text, unreviewed
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