Back to search
The question

Is it a condition for divorce to occur that there be a pre-existing intention for divorce when the husband says, "You are divorced, divorced, divorced," with a prior agreement to divorce?

Share this answer

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

The majority of scholars hold that divorce is valid without witnesses. If the husband utters an explicit divorce, his divorce takes effect, whether he intended it or not, and whether he was serious or joking. If the husband admits to uttering an explicit divorce and the waiting period () has expired, he does not have the right to take his wife back unless there is a new contract. However, if he intended, by repeating the word of divorce, to repeat its occurrence, or if this divorce completed the three divorces, then she is irrevocably divorced from him (baynunah kubra), and he cannot take her back unless she marries another husband out of genuine desire, and then he separates from her, and her waiting period ends. In case of dispute, the judge will rule on the matter.

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
160688
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy