What is the ruling of Islamic law regarding the occurrence of divorce in an unregistered marriage with witnesses, and is it considered a divorce if it occurs in a state of extreme anger or after consuming alcohol, and are the same conditions for divorce in a registered marriage required for it?
The divorce of an intoxicated person is valid if he is aware of what he is saying. If the marriage fulfills its conditions and pillars, it is valid and divorce can occur within it, whether it was documented or not. So, if your husband divorced you and then had intercourse with you during your iddah (waiting period), you have returned to his marital bond. If he divorced you for the second time, he has the right to take you back before your iddah ends, as long as he has not completed three divorces.
The husband should be forbidden from drinking alcohol. If he does not desist, it is preferable to separate from him through divorce or khul' (divorce at the wife's instance). Furthermore, documenting the marriage contract is essential to avoid harms and the loss of rights. The two divorces are counted against the husband whether the marriage was documented or not.
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- Original fatwa ID
- 132958
- Imported
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