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What is the ruling on a husband divorcing his wife with the third pronouncement of divorce after intercourse, while he was asleep and angry, knowing that a previous pronouncement of divorce had occurred but no official decree was issued for it?

1 min readAlso available in العربية

Every divorce that meets the conditions for its occurrence is valid: that it be by an explicit utterance or an implicit one with intention, that the husband be conscious and not coerced, and that the wife be under his legal bond (in عصمته) or in her revocable waiting period (عدته الرجعية). If any condition is missing, it does not occur. If the husband divorces his wife three times and the divorce occurs with its conditions met, a major separation (البينونة الكبرى) takes place, and she is not lawful for him until she marries another husband. If one of the divorces occurs after the completion of the waiting period, it does not occur. The occurrence of a third divorce after sexual intercourse does not prevent its occurrence according to the majority of scholars. Divorce pronounced in a state of overwhelming sleep or extreme anger is not effective. Divorce occurs as soon as the husband utters it and cannot be annulled after its occurrence. The validity of a Sharia-compliant divorce depends on its issuance by the husband, not on its documentation by a court. It is advisable to present the matter to a Sharia court or to people of knowledge.

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

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