Will a brother be held accountable for his marriage in which he intended to obtain residency papers and then divorce, especially after discovering that his wife is not a virgin and having a daughter with her whom he is deprived of seeing?
Divorce is subject to the five rulings of . It is considered reprehensible () if there is no need for it. Some scholars have gone as far as to deem it forbidden () if it harms the spouses, based on the saying of the Prophet, peace be upon him: "There should be no harm nor reciprocating harm." Therefore, if a man divorces his wife because she is not a virgin, without having stipulated this condition beforehand, his action is at least reprehensible (makruh), because virginity can be lost due to many reasons other than intercourse.
As for the divorced wife preventing her daughter from visiting her father and communicating with him, this is not permissible (غير جائز) in Sharia, because it constitutes cutting off ties of kinship (silat al-rahim), which Allah has commanded to be maintained. Furthermore, the man has the right to see his daughter, provide for her, and clothe her.
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