Various rules regarding divorce
2545. If a man had sexual intercourse with a non-mehram woman under
the impression that she was his wife, the woman should observe Iddah,
irrespective of whether she knew that the man was not her husband or thought
that perhaps he was her husband.
2546. If a man commits fornication with a woman knowing that she is
not his wife, it is not necessary for the woman to observe Iddah. But if she
thought that the man was probably her husband, as an obligatory precaution, she
should observe Iddah.
2547. If a man seduces a woman so that her husband decides to divorce
her and then she can marry him, the divorce and marriage are in order, but both
of them have committed a major sin.
2548. If a woman lays a condition at the time of Nikah that if her
husband goes on a journey or, for example, does not give her maintenance for six
months, she will have the right of divorce, the condition is void. However, if
she lays a condition that if her husband goes on a journey or, for example, does
not give her maintenance for six months, she will be his Wakil for her own
divorce, the condition is in order.
2549. If the husband of a woman disappears and she wishes to marry
another man, she should approach an 'Adil Mujtahid and act according to his
2550. The father and the paternal grandfather of an insane man can
divorce his wife.
2551. If the father or paternal grandfather of a child contracts a
temporary marriage between him and a woman, and a part of the period fixed for
the marriage covers some of the time when the child will have attained the age
of bulugh, for example, if he contracts the marriage of a fourteen years old boy
for a period of two years - he (the father or the paternal grandfather of the
child) can exempt the woman from a part of the period of marriage if doing so,
is in the interest of the child, but he cannot divorce the child's permanent
2552. If a man considers two person to be just ('Adil) according to
the standard prescribed in Shariah, and divorces his wife in their presence,
another person to whom their being 'Adil is not proved can, after the expiry of
that woman's Iddah, marry her or give her in marriage to another person,
although the recommended precaution is that he should not marry her nor should
he give her in marriage to someone else.
2553. If a person divorces his wife without informing her, and he
continues to maintain her the way he did when she was his wife, and after a year
tells her that he divorced her a year ago, and also proves it, he can take back
from her the things which he supplied her during that period if she has not used
them up, but he cannot demand from her the things which she has already