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The question

Did the divorce issued by the husband, who is certain that the pronouncement does not take effect without intention, actually occur? Is it permissible for the wife to ask her guardian (her maternal uncle) to renew the legal marriage contract without the permission of her guardian (her father) if the father refuses to renew the contract? And is it permissible for her to travel without his permission?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

Writing down a divorce is a form of kinayah (ambiguous expression), so divorce does not occur thereby unless accompanied by intention. If the husband did not intend divorce, then the marital bond remains, and the father has no right to prevent his daughter from traveling to her husband without a valid Shar'i justification.

If precaution is desired and the marriage contract is to be renewed, the guardian's permission is necessary. If the closest guardian refuses, the daughter moves to her next closest guardian. If there is none, or if he also refuses, the matter should be referred to the Shar'i judge. The maternal uncle is not a guardian because guardianship is for the 'asabah (agnates).

It is advisable to seek the help of wise individuals to speak with the father.

One should be wary of causes of marital disputes. Inheritance is a right ordained by Allah for its rightful heirs, and the father is not obligated to spend on his daughter if she has her own wealth from which she can spend on herself.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy