The World Federation Islamic Laws
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29. Divorce

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  • Ruling 2516

    A man who divorces his wife must be of the age of legal responsibility (bāligh) and sane (ʿāqil). If a ten-year-old child divorces his wife, then observing precaution (iḥtiyāṭ) in this case must not be abandoned. A man …

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  • Ruling 2517

    At the time of divorce, the wife must be clear of men- struation (ḥayḍ) and lochia (nifās), and her husband must not have had sexual intercourse with her in the period that she was clear [of ḥayḍ and …

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  • Ruling 2518

    The divorce of a woman who is in the state of ḥayḍ and nifās is valid in the following three cases: since getting married, her husband has not had sexual intercourse with her; she is known to be …

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  • Ruling 2519

    If a man knows his wife to be clear of ḥayḍ  and divorces her but later realises that she was in the state of ḥayḍ  at the time of the divorce, the divorce is void except in the …

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  • Ruling 2520

    If a person knows that his wife is in the state of ḥayḍ  or nifās and he separates from her – for example, he goes on a journey – and he wishes to divorce her, he must wait until …

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  • Ruling 2521

    If a man who has separated from his wife wishes to divorce her and he is able to find out whether or not his wife is in the state of ḥayḍ or nifās, albeit by means of …

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  • Ruling 2522

    If a man has sexual intercourse with his wife, irrespective of whether or not she was in the state of ḥayḍ or nifās, and he wishes to divorce her, he must wait until she experiences ḥayḍ again …

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  • Ruling 2523

    If a man has sexual intercourse with a woman who is clear of ḥayḍ and nifās and he divorces her during the period of her being clear, in the event that it later becomes known that she was …

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  • Ruling 2524

    If a man has sexual intercourse with a woman who is clear of ḥayḍ  and nifās and he then separates from her – for example, he goes on a journey – then, in the event that he wishes to …

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  • Ruling 2525

    If a man wishes to divorce his wife who does not menstruate due to a congenital defect, an illness, breastfeeding, taking medicine, or some other reason, and if it is usual for women of her age to menstruate, …

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