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The question

Does a divorce issued under duress—where the ma'dhun (Islamic official) did not differentiate between its types, and which resulted from a heated argument with the wife—take effect?

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

The phrase "You are divorced" is an explicit declaration of divorce that takes effect without the need for intention. If you uttered it twice—once at the request of the ma'dhun (authorized marriage official) and the other time addressing the wife—then two divorces have taken place.

It is possible to take back the wife before her (waiting period) ends, provided that the divorces have not reached three.

The second divorce becomes binding if it occurs while the wife is in her iddah from the first divorce, or after she has been taken back, even if through intercourse.

However, if the second divorce occurs after the iddah has ended without her being taken back, it is not effective because it did not coincide with a valid marital bond.

It is worth noting that divorce takes effect during menstruation or postpartum bleeding, or if it occurs multiple times during a period of purity, or during a period of purity in which intercourse occurred, or before a resumption of the marriage or a renewal of the contract, and this is the jurisprudential ruling.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
126801
Imported
Translation status
Source text, unreviewed
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