Miscellaneous Rules of divorce

2681. If a man had sexual intercourse with a non-Mahram 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.

2682. 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.

2683. 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.

2684. 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, on she can do that.

2685. The father and paternal grandfather of an insane person whose insanity is related to his childhood, if it is expedient, may divorce his wife. But, if his insanity is not connected to his childhood, it is upto a fully competent Mujtahid to decide and, as an obligatory precaution, the Mujtahid should take their permission.

2686. 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 wife.

2687. The father and the paternal grandfather of an insane man can divorce his wife. If a man considers two persons 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 cannot marry her or give her in marriage to another person, as an obligatory precaution. But, if he has doubt about their being Adil, he may marry her or give her in marriage to another person.