What is the ruling of the Sharia regarding the return of a couple who agreed to divorce, and divorce occurred between them three times, knowing that they do not wish to separate and are living in difficult circumstances as refugees?
If a divorce occurs under the influence of extreme anger and in a state of unconsciousness, then according to the consensus of jurists, the divorce does not take effect. However, if there was consciousness, jurists have differed, and our prevailing is that it does take effect. In this case, the wife becomes irrevocably divorced (baynunah kubra) and is not permissible for her husband unless she marries another man, he consummates the marriage with her, and then divorces her.
Some jurists are of the opinion that the divorce of an extremely angry person does not take effect, even if his mind has not been completely lost.
It is advisable to present the matter to trustworthy scholars for a fatwa.
Divorce is originally prohibited and is only permissible out of necessity, such as when cohabitation becomes impossible. It is a disfavored option that entails many harms.
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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