What is the number of actual and non-actual divorces in the aforementioned cases, do they amount to three, and is the wife sinful if she judicially requests divorce?
A wife must separate from her husband if he apostatizes from Islam. She must also separate from him due to his ill-manners, such as insults, beatings, and slandering her reputation. As for the divorce pronouncements:
- "You are forbidden to me": Its ruling depends on the intention of the one who says it.
- "She is thus divorced": If he intended a new divorce thereby, it takes effect. If he intended to inform about a previous divorce, no new divorce results from it.
- "Because I said: 'You will be divorced if you go.' And she went, so she remains divorced": This is a conditional divorce that takes effect upon the fulfillment of its condition, according to the majority of scholars.
- "You are divorced": Divorce takes effect with this pronouncement.
Generally, the resolution of divorce matters falls under the purview of courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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