Back to search
The question

Is divorce before an infidel judge considered a divorce if there was no intention of divorce? And is it permissible to have intercourse with a woman who has been revocably divorced without the intention of taking her back?

Share this answer

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

If a man signs a divorce document with intent, his divorce is effective. If the divorce is revocable and the husband affirms it before a non-Muslim judge by saying "yes" or similar, for the purpose of administrative disengagement, no new divorce occurs unless he utters an explicit divorce pronouncement or an ambiguous phrase with the intention of divorce, and his statement would then be a lie. This ruling is not exclusive to a non-Muslim judge. It is permissible for a husband to have intercourse with his revocably divorced wife, and her return is valid by that according to some scholars, but it is preferable that intercourse be with the intention of reconciliation to avoid scholarly اختلاف.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
101626
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy