Back to search
The question

Is the marriage still valid in Islamic law after the husband sent his wife "You are divorced, divorced, divorced" via email, and the wife waived the divorce claim in the Moroccan court, which does not recognize oral or written divorce?

Share this answer

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

Writing a divorce as a metonymy (kinaya) does not effectuate it unless accompanied by intention (). If the husband intended to effectuate divorce through the message, it takes effect. As for repeating the word "divorced, divorced, divorced," it reverts to his intention: if he intended emphasis, then it is a single divorce, and he can take his wife back as long as she is within her waiting period ('). If the 'iddah ends, he may marry her again with a new contract and a new dower (mahr). However, if he intended repetition, then it is three divorces, except according to Ibn Taymiyyah and those who agree with him, where it is considered a single divorce. Divorce is effected by the husband's utterance or by his writing with the intention of divorce, without requiring a judge.

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
104127
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy