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The question

Does the husband's message, "Don't call me again, go and find another husband," constitute a divorce after the consummated Fatihah contract (marriage contract) and before the consummation and the civil contract? Does the annulment of the Fatihah contract require the presence of the Imam and witnesses again? Is the girl considered sinful for refusing to go with the husband before the completion of the civil contract?

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

There is nothing in Islamic law called "Al-Fatihah contract." Marriage is concluded by the offer and acceptance from the guardian and the husband in the presence of two witnesses. As long as the contract was concluded in the aforementioned manner, it is valid. Divorce occurs when the husband utters it explicitly or implicitly with intention. No imam or witnesses are required. The husband's statement in the message: "Go and find a husband" is an apparent implicit divorce. Writing an implicit divorce effects divorce if the husband intended it. The context of dispute serves as the intention for divorce, unless the husband claims he did not intend divorce with that phrase, in which case his divorce does not religiously occur. You need to ascertain the husband's intention by what he wrote; if he intended divorce, then you are irrevocably divorced from him, because divorce before consummation is an irrevocable divorce, and you cannot return to him except with a new contract. If he did not intend divorce, then you are his wife. You are not obliged to obey your husband by staying overnight with him in his house if you requested a delay until the civil contract is written, and the period was short.

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Ftawy
Original fatwa ID
154226
Imported
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Source text, unreviewed
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