Does the pronouncement of divorce with the words "You are divorced, divorced, divorced" take effect when the intention was to prevent the wife from traveling, knowing that she went under duress, and what should the husband do as a result?
1. Marriage without a guardian (wali) is invalid according to the majority of scholars. It is valid, however, if a judge or someone who follows Abu Hanifa rules it to be so.
2. The statement "You are divorced, divorced, divorced if you go," when followed by going, results in a single divorce according to the majority, even if the intention to divorce was not present. Ibn Taymiyyah holds that an expiation for a broken oath (kaffarat ) is required if divorce was not intended.
3. Divorce in a marriage over which there is a difference of opinion is effective, and the pregnancy is attributed to the husband.
4. You must now separate from the woman. If you wish to marry her, propose to her through her legal guardian. If the guardian refuses, a Muslim judge or someone acting on behalf of the Sharia courts can marry her to you.
5. The divorce pronounced by an angry person does not take effect if the anger is so severe that it leads to a lack of awareness of what is being said.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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