What is the ruling on a husband taking back his wife after she was divorced twice, following the renewal of the marriage contract due to the invalidity of the guardianship of the first guardian who did not pray?
The majority view that abandoning prayer out of laziness does not constitute disbelief that expels one from the faith. There is a difference of opinion regarding the validity of a marriage contract with a dissolute or disbelieving guardian (wali). The Hanafis validate the contract if the woman is mature and consents. The husband's divorce of his wife in a marriage whose validity is disputed, while he believes in its validity, is considered effective. It is completed with three divorces after the renewal of the contract. Thus, the woman is irrevocably separated from her husband (baynunah kubra), and she does not become lawful for him again unless she marries another man and he consummates the marriage with her, then he separates from her, and her waiting period expires.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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