Does the explicit utterance of divorce, prior to the marriage contract or after the wife's death, have any sharia-based effect on the validity of the marriage contract or the inheritance?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If a man divorces a woman before the legitimate marriage contract with her, then nothing is incumbent upon him, due to the saying of the Prophet (peace be upon him): "There is no divorce before marriage." This divorce does not prevent him from marrying her. And if he conditions the divorce of a woman upon his marriage to her, then no divorce is incumbent upon him if he marries her, according to the preponderant opinion. And if he pronounces divorce upon his wife after her death, then nothing is incumbent upon him, nor does it prevent him from inheriting from her, due to the termination of her marital bond by death.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 97323
- Imported
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- Source text, unreviewed
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