Does a divorce issued with the intention of تهديد (threatening), as a result of the wife's provocation and repeated lying, take effect, or not, knowing that the husband did not actually intend divorce?
Anger does not prevent the occurrence of divorce unless it removes one's awareness. So, if a man says to his wife: "You are divorced, you are divorced," intending two divorces, then both occur. If he intended the second as confirmation of the first, then one divorce occurs. If he has not previously divorced her, he can take her back. However, if these three divorces have been completed, she becomes unlawful for him until she marries someone else, who then divorces her, and her waiting period expires. One should not use divorce pronouncements for threat, and should deal with the wife with wisdom and reform her through legitimate means. Also, the prohibition of lying to the wife must be clarified, along with the necessity of having good suspicions and being cautious of accusation without proof, and that the default for a Muslim is soundness and the truthfulness of his oath. We also note that residing in lands of disbelief is not permissible except under specific conditions.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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