What is the ruling of Islamic law regarding the reclamation of a wife who requested a divorce from the Dar al-Iftaa (House of Fatwas) without the husband's knowledge or his utterance of divorce, especially since the husband did not fall short in her rights? And is it permissible for the husband to reclaim her if she marries another man and becomes pregnant by him?
A woman is not permitted to seek a divorce unless there is a legitimate Shar'i reason. Whoever incites her to do so has committed "takhbib" (incitement/corruption), which is forbidden in . Allah did not obligate marriage to only one woman, but rather stipulated justice for whoever desires polygyny. And whoever cannot achieve justice, let him suffice with one. Regarding the validity of the divorce, it cannot be definitively stated unless it is known whether the Dar al-Ifta ( Council) acts in place of a Shar'i court. The fundamental principle is that the marriage remains valid unless the husband divorces or the Shar'i judge rules for divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/176818
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 176818
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy