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The question

What is the Sharia ruling regarding a wife who denies the occurrence of divorce after being informed of it three separate times and receiving text messages, and what is the ruling on her resorting to man-made law to claim her rights during the waiting period (iddah), and does that expel her from Islam, and what is the ruling on her family threatening the husband and preventing him from seeing his son?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

If the husband pronounces divorce or writes it with the intention of divorce, the divorce takes place whether the wife knows about it or not. A divorce occurs when a man divorces his wife during a period of purity (wherein he has not had intercourse with her), and she remains in her (waiting period), which ends when a menstruating woman bathes after her third menstrual cycle, or after three months for a woman who has despaired of menstruation or is young, or after childbirth for a pregnant woman. If this is repeated three times, the wife becomes irrevocably divorced (baynunah kubra). The majority of scholars hold that a second divorce pronounced during the iddah is valid, though Sheikh al-Islam Ibn Taymiyyah dissents.

As for resorting to man-made law, it is permissible in the absence of a Shariah court, provided that one takes only what is rightfully theirs according to Islamic law. It is forbidden if a Shariah court exists, or if the objective is to take something that violates Islamic law. If the secular court rules according to Shariah, then there is no harm in resorting to it.

One should strive to protect rights and refute accusations. Whoever is granted a judgment by the court based on falsehood is not permitted what was ruled in their favor, for the Prophet, peace and blessings be upon him, said: "Indeed, I am only a human being, and you bring your disputes to me. Perhaps some of you are more eloquent in their argument than others, so I rule in their favor based on what I hear. So, whoever I rule in their favor concerning something that belongs to their brother, let him not take it, for I am only cutting off a piece of hellfire for him." Thus, a ruler's judgment does not make the unlawful lawful, nor does it permit more than what is rightfully due.

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Original fatwa ID
7219
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