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The question

Is the aunt living unlawfully with her husband after he divorced her with three irrevocable major divorces, and then took her back with the knowledge of the court judge but without a deed of return? And what is the religious duty of the relatives in this situation?

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

This issue requires direct consultation with scholars or a Sharia court. Nevertheless, some points can be highlighted:

1. If the husband divorces his wife with three pronouncements while being fully aware of what he is saying, she becomes unlawful for him until she marries another husband in a desired marriage. 2. An immediate divorce pronounced with an explicit verbal expression is considered effective and does not require intention. However, a divorce by allusion does not take effect unless there is an intention. A conditional divorce is effective according to the majority of scholars, even if intended as a threat, whereas Sheikh al-Islam Ibn Taymiyyah holds that it necessitates an expiation for breaking an oath. 3. The divorce of an angry person does not take effect if he is unaware of what he is saying. 4. Divorce via a mobile phone message does not take effect unless the husband intended it. Divorce does not take effect based on doubt. 5. The husband may take back his divorced wife before her waiting period (iddah) is complete if the divorce was less than three pronouncements. If the waiting period has ended, then a new marriage contract is necessary.

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Ftawy
Original fatwa ID
106039
Imported
Translation status
Source text, unreviewed
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