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The question

Is the suitor's statement to his fiancée, "If you do this, you are divorced," considered a divorce, knowing that he later allowed her to do it, and the marriage has not yet been consummated? And if it is a divorce, what must he do to restore the marriage to its legitimacy?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If it is merely an engagement and the legal marriage contract has not been concluded, then divorce, whether conditional or immediate, is not valid.

However, if the legal marriage contract has been concluded and the husband pronounces a conditional divorce, he cannot retract it, and according to the most authoritative opinion, the divorce takes effect if the wife does what he forbade her from doing.

If the divorce occurs before consummation or valid seclusion, then for a return (reconciliation), a new contract, a new mahr, and the wife's consent are required.

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Where this answer came from
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Ftawy
Original fatwa ID
164286
Imported
Translation status
Source text, unreviewed
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