Back to search
The question

Is it permissible for a woman whose husband divorced her three times, and did not give her a divorce certificate, to enter into an 'urfi marriage after her 'iddah has expired?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a man divorces his wife with three pronouncements, she becomes irrevocably separated from him (baynunah kubra). She does not become lawful for him again until she marries another man with a valid marriage that fulfills all conditions (such as the guardian and witnesses). The fact that the marriage is " عرفيًا " (customary/unregistered) does not affect its validity. The non-documentation of divorce or marriage does not prevent their occurrence or validity. However, documentation is essential for safeguarding rights and resolving disputes. This falls under the category of "masalih mursalah" (undetermined public interests) that achieve the objectives of Islamic law in bringing about benefits and averting harms.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
189400
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