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The question

Does divorce occur in the three aforementioned cases, knowing that it was intended as a threat, and with the expiation of an oath? What is the religious ruling on tearing up the marriage certificate? And what is the status of the previous marriage after tearing up the document and the impending official marriage?

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

Of common-law marriages, some are valid and some are void. If the aforementioned marriage is valid, its effects—including those related to divorce—will ensue.

If the uttered phrase is an explicit divorce pronouncement, such as "You are divorced," then divorce occurs regardless of intention. However, if it is an allusion (kinayah) to divorce, such as "Go join your family," then divorce does not occur unless accompanied by the intention to divorce.

If it is an oath of divorce or a conditional divorce, then there is a detailed explanation for that. A wife tearing up the marriage certificate does not affect the marriage.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
137741
Imported
Translation status
Source text, unreviewed
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