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Is the questioner considered divorced after her husband divorced her three times by saying, "If you leave the house, you are divorced by three," then conditioned the divorce on the veracity of her words, then divorced her in the presence of two witnesses, then divorced her before a European judge, despite his insistence that the first divorces were an oath and that the court divorce was not valid?

1 min readAlso available in العربية

The majority of scholars do not differentiate between swearing by divorce and carrying it out. So, whoever swears by divorce and breaks their oath, their divorce occurs, whether it is a triple divorce or a single one, even if they did not intend it. Other scholars disagreed with them, saying that whoever intends by conditioning divorce only a threat or prevention, their divorce does not occur, but rather they are bound by an expiation for an oath. Based on the view of the majority, if the husband conditions his wife's triple divorce on her going out, and then she goes out, she becomes irrevocably divorced from him, and it is not permissible for her to remain under his marital bond nor to return to him until she marries another husband. As for the other view, conditioned divorce does not occur if not intended, but the three divorces mentioned later do occur: his conditioning divorce on the falsehood of her previous statement, his divorcing her in the presence of two witnesses, and his divorcing her before the European judge. It is recommended to consult local Islamic centers to examine the matter.

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

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