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29. Divorce

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  • Ruling 2556

    If a man deceives a woman into not fulfilling her marital duties towards her husband so that her husband is led into divorcing her and she marries the man, the divorce and the marriage are valid. However, both …

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  • Ruling 2557

    If a woman stipulates a condition in the marriage contract that she has the right to divorce in certain circumstances – for example, if her husband travels for a long time, or does not pay her expenses for …

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  • Ruling 2558

    If a wife’s husband has disappeared and she wishes to marry another man, she must refer to a dutiful jurist (mujtahid).2 In certain circumstances which are mentioned Minhāj al‐Ṣāliḥīn,3 the jurist can divorce her. 2 A mujtahid is …

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  • Ruling 2559

    The father and paternal grandfather of a man who is permanently insane can divorce his wife if that is in his interests.

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  • Ruling 2560

    If the father or paternal grandfather of a child marries him to a girl in a temporary marriage, he can give the remaining period of the marriage to the girl if it is in the child’s interests. This …

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  • Ruling 2561

    If a person considers two people to be dutiful on the basis of something that is legally authoritative (al‐ḥujjah al‐sharʿiyyah) [such as the statement of a reliable person], and he divorces his wife in their presence, then in …

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  • Ruling 2562

    If a man gives his wife a revocable divorce, she is still considered his legal wife until her ʿiddah comes to an end. Therefore, she must not prevent her husband from deriving any sexual pleasure that is his …

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