What is the ruling on saying "By Allah, you are on your final divorce" and "I divorce you" with the intention of threat, not divorce, via text messages, and does a divorce occur in this case? What is the ruling on a wife marrying another man based on a fatwa she received without the husband's presence?
If divorce threats are written to the wife without the intention of divorce, then no divorce occurs. And if the wife claims divorce and the husband denies it, his word is to be taken unless she brings evidence (two just witnesses). Therefore, the wife is still under the husband's marital bond. She must fear Allah and adhere to the rulings of Islamic law, which made the husband's word the authoritative one regarding the intention of divorce. If the wife is in doubt, they should both go to trustworthy scholars to present the matter to them and act upon their . If the wife marries in this situation, she would be committing an indecency because she is still under her husband's marital bond. A fatwa from someone she asked will not benefit her, because he answered a hypothetical question without hearing from both parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 8244
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy