What are the rulings concerning the administrative divorce case that occurred by mutual consent between the spouses, knowing that no utterance of divorce was made nor was there an intention for it? And must the mother, who is 54 years old and no longer menstruates, observe the waiting period ('iddah)? What are her legal limits if she is not required to observe the 'iddah? Is expiation (kaffarah) obligatory upon her or the father for what they committed of Allah's prohibitions? And must the father take her back during the 'iddah or after its expiration with the Fatihah? What is the necessity of the Fatihah if the husband did not pronounce divorce and the matter was administrative, especially since Tunisian personal status law prohibits polygyny?
Sharia-compliant divorce is that in which the husband utters the word of divorce, or uses a euphemism accompanied by the intention of divorce, or a Sharia judge rules it. Therefore, an administrative divorce that occurs by mutual consent without utterance or intention is not considered valid, and the wife remains under her husband's marital bond.
Further details: 1. Divorce does not occur by mere intention. 2. The wife is not required to observe an 'iddah (waiting period) because the divorce has not taken place. 3. The expiation for committing forbidden acts is sincere repentance. 4. Reciting Al-Fatiha does not solemnize a marriage contract, nor is it prescribed at the time of marriage or reconciliation. 5. There is no harm in marrying more than one woman for someone who can fulfill their rights, even if it violates personal status laws.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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