Is it permissible to marry another man, and is the questioner considered divorced without a [divorce] certificate, and what is the ruling on the injustice inflicted upon her, given her husband's refusal to grant her a divorce decree, his demand that she relinquish all her possessions and the custody of her children, and his accusations of theft against her and her mother, after he divorced her several times by oath, deserted her, and deprived her of her children?
The husband's statement "I have nothing to do with you" is considered an ambiguous divorce pronouncement (kinayah), and the occurrence of divorce depends on the husband's intention. The confirmation of divorce does not depend on receiving the divorce paper, but marriage before receiving it may cause a dispute. It is not permissible for the husband to stipulate the relinquishment of properties or child custody in exchange for delivering the divorce paper. For the husband to accuse his wife of immorality, harm her, prevent her from seeing her children, or deprive her of maintenance is a great injustice and a grave evil. If the mother incites the husband or accuses her daughter of theft, she has done wrong, yet the duty of maintaining ties with her and showing her kindness remains. Striving for reconciliation, the intervention of peacemakers, and supplication are all encouraged.
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