Is it permissible for the wife to demand the deferred mahr (dowry) in the second marriage contract, despite her waiver of it in the first contract? And is she still considered his wife after her divorce under the old name? What does it mean to interrogate the plaintiff after the verdict in an annulment case? And is it more correct for the filed case to be an annulment of the marriage contract, or an اثبات طلاق (proof of divorce), or an اثبات كتاب دار الإفتاء المصرية (proof of a letter from Dar al-Iftaa al-Masriyyah)? Is the annulment case guaranteed to be won based on the fatwa from Dar al-Iftaa al-Masriyyah, or by the wife's claim of providing incorrect information to the ma’dhoun (marriage officiant)? And must the husband divorce his wife again under the fabricated name in exchange for her dropping all cases? What is the ruling of Islamic law regarding cohabiting with her after the divorce under the old name and before discovering the name falsification in the second contract? And is the period the wife lived with the husband after the first divorce considered zina (unlawful sexual intercourse)? And will she be divorced again under the fabricated name, knowing that she does not possess official documents with this name?
Divorce applies to the woman, not her name. So, if her husband divorces her with a for each name, she becomes irrevocably separated from him, and she is not lawful for him until she marries another husband. She is entitled to one mahr, which is the one initially stipulated. However, if he divorces her with one talaq and does not take her back until her ends, and he has not paid her mahr, and then he marries her again with a new contract and a new mahr, she is entitled to both mahars. Cohabiting with her after her iddah ends or after divorcing her three times is considered zina (fornication/adultery), unless he is ignorant of the Shari'ah ruling. The error occurred in divorcing her when her father's name was changed; it would have been sufficient to document the name change in the marriage contract.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/77376
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 77376
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy