Issue No. 2167- During the waiting period (‘iddah) of khul‘ or mubārāt divorce, the wife can change her mind and take her property back, and if she does so, the husband can ‘return’ to her and take her back as his wife without a marriage contract.
Issue No. 2168- The property which the husband takes in mubārāt divorce should not exceed the mahr of the wife; rather, it should be less than mahr as an obligatory precaution. In the case of Khul' divorce, however, there is no harm if it exceeds her mahr.
Issue No. 2169- If a man had sexual intercourse with a non-maḥram woman under the impression that she is his wife, the woman should observe ‘iddah (‘iddah of divorce), irrespective of whether she knew that the man was not her husband or not. In case the man knows that the woman is not his wife, but the woman considers him as her husband, in this case too, she should observe ‘iddah. For doubted intercourses one should calculate ‘iddah from the last intercourse.
Issue No. 2170- If a man seduces a woman so that she may take divorce from her husband and then marry him, the divorce and the marriage are in order, but both of them have committed a major sin.
Issue No. 2171- If a woman lays a condition at the time of nikāḥ that if her husband, for instance, goes on a journey or gets addicted to drugs or does not give her maintenance, she will have the right of divorce, this condition is void. However, if she lays a condition that in the mentioned situations or the likes, she will be his agent for her own divorce, this agency (wakālah) is in order, and she is entitled to divorce herself.
Issue No. 2172- If the husband of a woman disappears and his whereabouts are not known and it is not known whether or not he is alive, and she wishes to get a divorce in order to be able to marry another man, she should approach a just Mujtahid and act according to the order prescribed for her in the Islamic sharia.
Issue No. 2173- The father and paternal grandfather of an insane person can divorce his wife if it is in his interest, but if the legal guardian of a minor has contracted a permanent marriage between him and a woman, he cannot, as an obligatory precaution, divorce her. However, if he has contracted a temporary marriage for him, he can exempt the woman from the remaining period provided that it is in his best interest.
Issue No. 2174- If a man considers two persons to be just and divorces his wife in their presence, another person who does not consider those two persons to be just, cannot, as an obligatory precaution, marry that woman or marry her off to another person. However, there is no objection if he doubts about their being just.
Issue No. 2175- Usurpation means that a person unjustly seizes the property or the right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgment, and painful consequences in this world. It has been reported from the Holy Prophet (pbuh) that “whoever usurps one span of another’s land, seven layers of that land will be put round his neck like a yoke on the Day of Judgment” [1].
Issue No. 2175- Usurpation means that a person unjustly seizes the property or the right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgment, and painful consequences in this world. It has been reported from the Holy Prophet (pbuh) that “whoever usurps one span of another’s land, seven layers of that land will be put round his neck like a yoke on the Day of Judgment” [1].
Issue No.853- Adhān and iqāmah should be recited in correct Arabic. Hence, if they are recited in wrong Arabic, or one recites the translation in Persian or another language, it will not be valid.
Issue No.854- Adhān and iqāmah should not be recited if the time of prayer has not set in, and if they are recited, they will be void.
