Is the second and third divorce pronouncement from my husband, who has only reconciled with me once after our marriage, counted as one divorce or two, knowing that my menstrual period occurred during the second pronouncement?
The guardian (wali) is a condition for the validity of marriage according to the majority of scholars. The validity of this marriage is considered acceptable if it is in تقليد () of the of Abu Hanifa. Documenting the marriage is not a condition for its validity. Writing a divorce with the intention of effecting it brings it into effect, and the husband's fear or dislike does not prevent its occurrence unless it reaches the level of legitimate duress (ikrah shar'i). Divorcing three days before menstruation is a divorce, and divorcing during menstruation is a bid'i (innovative) divorce, but it is effective according to the majority of jurists. The wife has the right that her husband not be absent for more than six months without her consent, and it is preferable for the woman to reside where her husband resides.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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