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Is the suitor's saying to his fiancée: "Marry me," and her saying: "I marry you in accordance with the Sunnah of Allah and His Messenger and according to the Madhhab of Abu Hanifa al-Nu'man," then his swearing an oath of divorce upon her, considered a divorce? And would she be lawful for him after a triple divorce if they were to marry lawfully?

1 min readAlso available in العربية

Marriage has known pillars and conditions without which it cannot be concluded: the woman's guardian or his representative, two just witnesses, and a formula indicating marriage. A man's statement to his fiancée, "Marry yourself to me," and her agreement without a guardian or witnesses, is considered an invalid marriage, the validity of which is disputed. If the husband believes in the validity of the invalid marriage, then the divorce in it is effective. If someone divorces his wife three times and he believed in the validity of the marriage before the divorce, it is not permissible for him after the divorce to claim the invalidity of the marriage. If the divorce occurred before legal seclusion (khilwa shar'iyya) and with a single utterance like "You are thrice divorced," then she becomes forbidden to him and is not lawful for him until she marries another husband. However, if it was with successive utterances, then she is irrevocably divorced by the first utterance only. If the divorce occurred after legal seclusion, then a triple divorce is effective, unless he intended by "divorced, divorced, divorced" to divorce with the first utterance only and made the subsequent ones an affirmation, in which case it is considered a single divorce. Sheikh Al-Islam Ibn Taymiyyah holds that a triple divorce uttered in a single phrase counts as one divorce. An expiation for an oath (kaffarat yamin) is required for a suspended divorce if divorce was not intended. The enquirer is advised to verbally consult trustworthy scholars to elaborate on the details of the divorce that occurred.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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