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Is it permissible for a woman who has been divorced three times to adopt the opinion of the Mufti who considers the divorce by the Ma'dhun (official authorized person) to have occurred, while the other two divorces that took place at home and over the phone are a matter of dispute, even if the Mufti's opinion contradicts the views of other shaykhs? Or must she adopt what she is convinced of, or hold on to any way out?

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Divorce pronounced during menstruation is valid, according to the preponderant view among scholars. The one who pronounces it is sinful for disobeying the command of the Messenger of Allah, peace and blessings be upon him. An explicit divorce is valid, even if it was in jest, or via telephone, or not officially documented, provided that it did not occur during a period of purity in which intercourse took place. Moreover, it is not permissible to seek out different muftis looking for a concession. If a woman does this, while trusting the one who gave her the fatwa, her action is considered disobedience. Therefore, the divorced woman is not permissible for her husband until she marries another husband, genuinely desires the marriage, has intercourse with him, and then he divorces her.

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Source platform
Ftawy
Original fatwa ID
96474
Imported
Translation status
Source text, unreviewed
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