What is the ruling regarding a husband divorcing his wife with a minor irrevocable divorce (طلاق بائن أصغر) while claiming he had divorced her previously, and does this document (paper) stop her maintenance, especially given that he cohabited with her after the alleged date of the divorce?
It is the mother's right that the father be equitable between her and his second wife in terms of overnight stays and financial support, and it is not permissible for him to abandon her without a legitimate reason. It is her right to demand financial support as long as she is under his marital bond and has not been disobedient. Taking her money or striking her without just cause or with severe beating is an injustice.
As for divorce, if it is proven by evidence, then her 'iddah (waiting period) begins from the date of the evidence. If it is by the husband's acknowledgment, there is a difference of opinion regarding the commencement of the 'iddah. The wife's knowledge of it is not a prerequisite for its occurrence. If the husband pronounces or writes the divorce with the intention of divorce, it occurs. Its pronouncement in a secular court does not prevent its validity according to Sharia. However, if a secular court pronounces it, it is not valid, and the wife remains under his marital bond. The wife's financial support and the validity of her return depend on the occurrence of the divorce and the expiration of the 'iddah.
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- Original fatwa ID
- 113267
- Imported
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- Source text, unreviewed
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