Is it permissible for the judge to use the legitimate concession (rukhsa shar'iyya) to return a wife divorced three times to her husband if the first divorce occurred during menstruation, or if there was doubt about it, or if the divorces were repeated within a single waiting period ('idda)?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
"The judge must rule according to what he deems to be the truth, and he is not permitted to rule with what he does not know to be the truth. If the issue is one of disagreement, he is not to seek out a concession or choose a ruling without being confident in the strength of its evidence. Rather, he rules according to what he considers to be preponderant, and his ruling settles the dispute in the matter."
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 114894
- Imported
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- Source text, unreviewed
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