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Basic Tenets of Faith
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Hadith & its Sciences
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Principles of Fiqh
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Islamic history and biography
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Pedagogy education and upbringing
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Divorce
Why Is Divorce in the Husband’s Hands?
The reasons why divorce is in the man’s hand are: • The husband is the one in whose hand is the marriage contract, so he is the one in whose hand is the dissolution of this contract. • The husband is in charge of the woman. • The man is more perfect in reason than the woman, and more far-sighted, so you do not see him choosing to divorce unless there is no alternative.62,336He issued a conditional divorce and forgot what he said
2,063Is Conditional Divorce Valid?
1. When a man says to his wife, “If you do such and such then you are divorced,” or, “If you do not so such and such then you are divorced,” this is a conditional divorce. The majority of jurists are of the view that this divorce counts as such when the condition mentioned is fulfilled. 2. If a husband divorces his wife at a time of anger, that does not mean that the divorce does not count, as many people think, except if the anger reaches such an extent that the man loses his reason and is not aware of what he is saying, in which case it does not count as a divorce according to scholarly consensus.71,934Moving Child Away Due to Husband’s Inability to Maintain Them
2,324He swore that he would not go near his wife for two months, and if he did so, she would be divorced
1,899Implicit Divorce
3,946How to Take Back Your Wife after Divorce
• If a man divorces his wife and this is the first or second pronouncement of divorce and she has not ended her `Iddah, then he can take his wife back by saying ‘I am taking you back’ or ‘I am keeping you.’ • If the `Iddah has ended following a first or second pronouncement of divorce, then there has to be a new marriage contract. • If the divorce is irrevocable (i.e., third divorce) , then she becomes prohibited for him until another man has married her.250,185Guidelines Concerning Implicit Phrases of Divorce
1. The guideline with regard to metonymic (implicit) statements of divorce is that metonymic statements include any phrase that may be understood as referring to divorce or something else, such as: “Go to your family,” or: “It is over between us,” and so on. 2. Divorce does not count as such when metonymic phrases are used, unless two conditions are fulfilled: 1- the person should have the intention of divorce; 2- and he should have used words that are indicative of divorce.33,244He divorced her three times before consummating the marriage
3,177He divorced her before consummating the marriage and after being alone with her, and he did not specify any dowry for her
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