What is the ruling of Islamic law regarding a woman's inquiry about the legal status of her divorce in three instances: first, her divorce being conditioned on her not returning to her husband's father's house; second, her divorce being conditioned on her entering her brother's house; and third, her being divorced three times while she is pregnant?
It is not permissible for a husband to prevent his wife from visiting and maintaining ties with her brother merely due to a disagreement between them. If the husband swears an oath of divorce to that effect, his intention and purpose must be considered. If he intended only to prevent her from entering his house, then she may meet her brother outside the house or speak with him by phone, and the divorce does not occur. However, if he intended to sever the relationship completely, then his intention must be acted upon to avoid the divorce. His intention is also referenced in determining the duration of the prohibition. If he intended a permanent prohibition, then divorce occurs if she enters his house at any time. If he intended a specific duration, she may enter after its expiry. If he had no specific intention, and the cause of his oath (the disagreement) has passed, the oath is dissolved, and she may visit. All of this is because intentions and purposes are the reference in oaths.
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- Original fatwa ID
- 100710
- Imported
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