Must one accept the wife's statement that it was the third divorce, while the husband is certain it was the second and occurred in anger? And is it permissible to resort to Canadian law to resolve this disagreement, or must Islamic Sharia be followed?
Divorce pronounced in a state of anger is valid unless the anger reaches a level where consciousness is lost. If this is the second divorce, the husband may take his wife back before the expiry of her ' (waiting period) without requiring her permission or knowledge. However, if the 'iddah has expired, he may marry her again with her consent. If the wife claims that this is the third divorce, her claim will not be accepted judicially without proof. However, if she is certain that it is indeed the third divorce, it is not permissible for her to allow him access to her, and she must treat him as a stranger. It is not permissible to resort to secular courts as long as there is another solution, and it is advisable to seek recourse from Islamic centers that adhere to the .
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/37844
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 37844
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy