Is the woman considered irrevocably divorced from her husband in Islamic law after the Swedish court issues a divorce decree, or is she still married to him, and how can she divorce herself from him in Islamic law if she remains married to him?
If the wife stipulates in the marriage contract with her husband that if he marries another woman, she will be irrevocably divorced ( bain), then as soon as he contracts a second marriage, she becomes irrevocably divorced from him, and he cannot remarry her except with a new contract. However, if the condition is for a revocable divorce (talaq raj'i), then the divorce does not occur unless the husband pronounces it verbally, or writes it with the intention of effecting it, or by the judgment of a Muslim judge. If the husband neglects the rights due to Allah, it is recommended for the wife to seek a khulu' (divorce at the wife's instance, usually by returning the dower). If the husband does not agree to a divorce or khulu', the matter should be presented to the scholars at Islamic centers.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 172129
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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