Does a divorce, issued by a husband saying "you are divorced" to his wife, take effect if he has not consummated the marriage with her, nor has there been a legitimate seclusion between them after the marriage contract, and married life has not yet begun between them?
If a man divorces his wife before consummating the marriage, she is irrevocably divorced with a minor irrevocable divorce (baynunah sughra). She is not permissible for him again unless through a new marriage contract and a new dowry. There is no waiting period ('iddah) for her from this divorce, based on the Almighty's saying: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and release them with a gracious release." If the husband divorces his unconsummated wife with three consecutive divorces, only the first divorce takes effect, because the marital bond was still in existence. As for the second and third, they are null and void, because they occurred when she was neither his wife nor observing an 'iddah from him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/69872