What is the ruling on a husband telling his wife's paternal uncle, "Inform her that if she does not drop the case she filed against me, she is divorced," twice, then her returning home after more than three months and ten days without dropping the case? Is a divorce considered to have occurred, and what is its date? Is it calculated from the time of the statement or the day of return? And is remarriage necessary if more than four months have passed since then?
If the deadline set by the husband for the wife to drop the case passes and she does not drop it, a divorce occurs according to the majority of scholars. If the husband did not set a deadline and a court ruling is issued, a divorce occurs, one divorce (talaq) is counted, and the 'iddah (waiting period) begins from the time the ruling is issued. The husband may reconcile with his wife if this is the first or second divorce and before the 'iddah ends. However, if no ruling is issued, the wife remains under the husband's marital bond until her waiver becomes impossible due to a ruling being issued or the death of either spouse.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100354