Is a woman considered Islamically divorced after her husband divorces her three times, knowing that the law in her country does not recognize verbal divorce and requires it to be attested to by two just witnesses?
The majority of scholars hold the view that divorce is valid without witnesses. If your husband has divorced you three times, you are irrevocably separated from him by a major divorce (baynunah kubra), and it is not permissible for you to allow him access to yourself, even if the court has not ruled your divorce. In this situation, you must separate from him through khul'. If a woman is certain that her husband has divorced her three times, she cannot remain with him; she must flee from him and redeem herself with her property. It is not permissible for a woman to allow her husband access to her if the ruling does not permit what she considers unlawful, and she must prevent him to the best of her ability.
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- Original fatwa ID
- 139216
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