Is a wife considered divorced after her husband uttered the divorce pronouncement twice, one of which was during a period of purity in which he had intercourse with her, along with his threat to kill and beat her?
Divorce that occurs during a period of purity (Tuhr) in which intercourse has taken place is considered an innovated (bid'ah) and forbidden divorce, but it is legally binding (shar'an). If the husband does not take his wife back during her waiting period (iddah), she becomes irrevocably separated from him with a minor separation (baynunah sughra), and he cannot return to her except with a new contract and a new dowry. However, if he takes her back during the iddah, she returns to his marital bond. The non-registration of the divorce in court does not affect its legal validity (shar'an).
The husband must treat his wife kindly, and he is not permitted to beat her except in cases of disloyalty (nushuz) and according to specific legal guidelines, such as the beating not being severe, and only after exhausting admonition and abandonment in bed.
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