The World Federation One Stop Fiqh
Search
Menu

29. Divorce

+ Read more
  • Ruling 2546

    The divorce of a wife who is not fond of her husband and has an aversion to him, and gives him her dowry (mahr) or some of her other property so that he divorces her, is known as …

    + Read more
  • Ruling 2547

    If the husband wishes to say the formula of a khulʿ divorce himself, then, if the name of his wife is Fāṭimah, for example, he must say the following after the property has been given:زَوْجَتِيْ فَاطِمَةُ خَلَعْتُـهَا عَلَىٰ مَا …

    + Read more
  • Ruling 2548

    If a wife appoints an agent to give her dowry to her husband, and the husband appoints the same person to divorce his wife, in the event that the name of the husband is Muḥammad, and the name …

    + Read more
  • Ruling 2549

    If a husband and wife do not want each other and have an aversion to each other and the wife gives some property to her husband so that he divorces her, this is known as a ‘mubārāh’ divorce.

    + Read more
  • Ruling 2550

    If the husband wishes to say the formula, in the event that the name of his wife is Fāṭimah, for example, he must say:بَارَأْتُ زَوْجَتِيْ فَاطِمَةَ عَلَىٰ مَا بَذَلَتْbāraʾtu zawjatī fāṭimah ʿalā mā badhalatI give my wife Fāṭimah …

    + Read more
  • Ruling 2551

    If possible, the formula of the khulʿ and mubārāh divorce must be said in correct Arabic. In the event that it is not possible, the rule is the same as that for divorce, which was mentioned in Ruling 2526. However, …

    + Read more
  • Ruling 2552*

    If during the ʿiddah of a khulʿ or mubārāh divorce, a wife declines to give the property, or part of it, to her husband, her husband can return to her and re-establish the marriage without a new marriage contract.

    + Read more
  • Ruling 2553*

    The property that a husband acquires in a mubārāh divorce must not be greater than the dowry; in fact, it is better if it is less than the dowry. However, in a khulʿ divorce, there is no problem if …

    + Read more
  • Ruling 2554

    If a man has sexual intercourse with a woman who is not his wife, supposing that she was his wife, the woman must observe ʿiddah, irrespective of whether she knew that he was not her husband or supposed …

    + Read more
  • Ruling 2555

    If a man fornicates with a woman he knows is not his wife, and the woman knows that he is not her husband, it is not necessary for her to observe ʿiddah. However, if she supposes that he …

    + Read more