What should one do if the husband denies the occurrence of a divorce decreed by the court, claiming anger or forgetfulness?
If you are certain that three divorces have occurred and the husband denies it, and the court rules in his favor regarding his right to take you back, then it is not permissible for you to allow him access to yourself. You must separate from him through khul‘ (divorce at the wife's instance with compensation), because you have no doubt that he divorced you three times, and you cannot remain with him. Thus, you should flee from him and redeem yourself with your wealth. However, if the divorce is disputed, such as in a case of extreme anger that does not prevent awareness, and the court rules that the divorce did not occur, then its ruling resolves the dispute, and the divorce does not take place then.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 136786
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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