Does a divorce that occurred over the phone count, and is the wife entitled to her rights and the rights of her children from a husband who preferred his sisters over her and over his children?
A woman is not permitted to leave her husband’s house without his permission.
It is not permissible for sisters to interfere in the private affairs of the couple, and the husband erred by enabling them to do so and by relaying details of the dispute, as this constitutes forbidden backbiting (namimah).
The wife has the right to inquire about her missing belongings, with verification before accusation.
The sister of the husband expelling his wife from the house is an aggression, and the husband erred by enabling her to do so from his house, because the house is a right of residence for the wife.
It is not permissible for the husband to favor his siblings over his wife and children, unjustly oppressing them.
If the wife participated in building the house and this was not a gift, then the husband must estimate what she spent and return it to her or grant her ownership of a portion of the house commensurate with her wealth.
Divorce via telephone is valid. If the husband took back his divorced wife twice before the 'iddah (waiting period) ended, the marital relationship remains, and he has one divorce remaining. However, if the 'iddah ended without reconciliation, then reconciliation is not permissible except with a new contract and dower (mahr).
A wife divorced revocably (raj'i) is entitled to maintenance and housing during her 'iddah period. As for a woman divorced irrevocably (bain), who is not pregnant, she is not entitled to maintenance or housing unless she is a custodian, in which case she is entitled to housing dependent on her children.
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- Original fatwa ID
- 98158
- Imported
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- Source text, unreviewed
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