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The question

What is the ruling of Islamic law concerning the suggestion by former muftis, scholars, and judges to arrange a fictitious marriage contract for the wife with another man so that she can legally return to her first husband, after her divorce from him was registered in the Sharia court while he was in a state of extreme anger, with both spouses knowing that this fictitious contract is not permissible according to Islamic law?

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

Some scholars have divided the divorce of an angry person into three categories: If the anger is so severe that it causes a loss of consciousness or makes the person incoherent and unable to control their actions, then the divorce does not occur. However, if the anger does not exceed the boundaries and consciousness and control remain, then the divorce occurs and cannot be annulled. If this was not the third divorce and your wife is still within her waiting period (), you can take her back without a new contract. If the waiting period has ended, you can take her back with a new contract, a new mahr (dowry), witnesses, and a wali (guardian). But if this was the third divorce, she is not lawful for you until she marries another man willingly and he consummates the marriage, then he separates from her either by divorce or death. A merely symbolic contract is not considered valid.

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Ftawy
Original fatwa ID
99909
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