Does a divorce issued by the husband while he was angry, five consecutive times, take effect, knowing that he had not consummated the marriage with his wife, but there had been some fondling between them?
If a husband pronounces divorce while unaware of what he is saying due to intense anger, his divorce is not valid. However, if he is aware, his divorce is valid. Divorce before consummation and valid seclusion is an irrevocable divorce, and the husband does not have the right to take her back. Scholars have unanimously agreed that an unconsummated wife becomes irrevocably divorced with one pronouncement, and her divorcer does not have the right to take her back. The majority of scholars consider valid seclusion to have the same ruling as consummation, so the waiting period becomes obligatory, and the husband has the right to take her back after valid seclusion if he divorces her fewer than three times. It is advisable to present the matter to the court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 130338
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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