Is a wife considered divorced if she denies the occurrence of the condition upon which her husband made her triple divorce contingent, despite her knowledge of its occurrence?
The questioner erred by engaging in a forbidden relationship and must hasten to repent. The conditional divorce has occurred, and according to the majority of scholars, it counts as three divorces, contrary to Ibn Taymiyyah, who holds that it counts as one. The questioner is wrong in denying what transpired from her and must repent and separate from her husband until her (waiting period) expires. Then, she may marry another man out of genuine desire, not merely to make herself lawful (for her first husband). If this second husband divorces her after consummation, she may marry her first husband again if they both wish to do so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 101400
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy