Is the civil contract that took place between the questioner and the girl, the daughter of zina (unlawful sexual intercourse), considered valid, given the questioner's intention that it was merely a settlement for documents, and does the telephone divorce he issued take effect, and if it does not take effect now, will it take effect after consummation, and is it an irrevocable or a revocable divorce?
The conversation that took place between the questioner and the man does not constitute a valid marriage contract. As for the civil contract, its ruling depends on whether the pillars of the -compliant contract were met or not. Generally, if the marriage was not valid according to Sharia, then the questioner's divorce is not effective. However, if the marriage was valid, then the divorce is effective and becomes irrevocatingly final, whether before or after consummation.
Ibn Qudamah said in Al-Muqni': "Divorce takes effect in marriages where there is a difference of opinion, such as a marriage without a guardian, according to our companions."
It is recommended to present the matter to trusted scholars in the questioner's country.
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