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The question

What are the situations in which a divorce does not 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 cases in which divorce does not occur are many. The criterion for this is: any divorce that does not meet the conditions of a valid divorce, which are:

1. Conditions related to the divorcer: That he be a husband or an agent of the husband, an adult, sane, intentional, and acting of his own free will (so the divorce of one who errs, or is coerced, or is angry does not occur, with some details). 2. Conditions related to the divorced woman: The existence of the marital bond, whether in reality or by ruling, and the identification of the divorced woman by اشاره (pointing), description, or intention. 3. Conditions related to the wording of the divorce: Certainty or strong presumption that the wording was uttered and its meaning understood, and the intention for the divorce to take effect with that wording (especially in ambiguous terms, whereas for explicit terms, this is not a condition).

Anything that contradicts these conditions does not take effect. Some scholars also mentioned that divorce does not occur if the wife is menstruating or in postpartum bleeding ().

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Original fatwa ID
77381
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