How many actual तलाकs occurred, and does a Bid'ah (unlawful) तलाक count or not?
Scholars differ concerning whether an innovated divorce (طلاق بدعي) takes effect or not. The majority hold that it does take effect, and this is the most preponderant opinion. From this, it is known that divorcing a pregnant woman is not an innovated divorce; rather, it is a divorce. Since an innovated divorce takes effect, your wife has been irrevocably divorced from you by the three pronouncements, so she is not lawful for you until she marries another husband in a desired marriage and he consummates it with her, then he separates from her by death or divorce. Custody is a right of the mother, so she may waive it, and she is not compelled to it unless it becomes her exclusive duty. Divorce should be avoided as much as possible, as it is not the only solution to marital problems, and many problems may result from it, especially for children.
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