Is a woman considered to have been given an irrevocable divorce, even if her husband has not made her leave the home after divorcing her, or is she still under his marital responsibility?
If a husband divorces his wife before consummation, she becomes irrevocably separated from him upon the divorce, and he has no right to take her back. However, if the divorce occurs after consummation, he has the right to reconcile with her without a new contract. The wife has the right to seek a divorce for proven harm due to violence and beating. Sexual incapacity does not permit her to seek a divorce if intercourse has occurred even once. However, if intercourse has not occurred, she has the right to demand a divorce, and the judge will postpone the case for one year. The testimony of the preacher regarding the divorce does not validate it; it is only validated by the husband's admission or the testimony of two just witnesses.
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- Original fatwa ID
- 49930
- Imported
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- Source text, unreviewed
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