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The question

What are the differences in rights after divorce between the two situations: the first where the husband divorces his wife without her presence before the marriage registrar, and the second where she is present and absolves him? And what are the rights of the divorcee in both situations? considering the age difference between the spouses and the difficulty of her marrying someone else.

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man divorces his wife without any conditions of renouncing her rights, she is entitled to her dowry and all the rights of a divorced woman. If he divorces her for money or if she relinquishes some of her rights, only what has been agreed upon is waived. „Mubara'ah“ is a divorce for financial compensation provided by the wife to the husband in exchange for waiving specified financial rights. The majority of scholars believe that no right is waived unless specified, contrary to the opinion of Abu Hanifa and Abu Yusuf. The presence or absence of the woman at the notary does not affect the agreement, and what matters is what was agreed upon before the divorce, and the age difference does not impact this.

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Ftawy
Original fatwa ID
160008
Imported
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