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Divorce In The Formative Period

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Chapter Summary

This chapter describes the tradition that highlights two points. One is that there is a tendency often discernable in fiqh discussions devoted to divorce, to avoid divorce and instead keep a marriage intact. Two is that the tradition assumes a divorce is brought about by a statement of repudiation that a man makes to his wife. Once a woman has completed her ʿidda, a couple would no longer inherit from each other, and if they wish to remarry, there must be a new marriage contract. A man and a woman are described as "strangers" when they are not related to each other by marriage, consanguinity, or foster relationship. In this case, if he has divorced her singly and wishes to remarry her, a new contract and a new marriage portion must be negotiated.

Keywords: ʿidda; divorce; fiqh; husband; marriage; wife



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