What is the ruling on uttering the phrase "she is divorced" multiple times during extreme anger, and repeating it later with the phrase "she is thrice divorced" while she is menstruating, and does this divorce take effect?
Civil marriage is invalid according to the majority of scholars due to the absence of a guardian (wali), which is a condition for the validity of the marriage contract. Abu Hanifa, however, considers it valid, with the possibility for the guardian to annul it if the husband is not suitable. The preponderant opinion is that of the majority of scholars. Nevertheless, this type of marriage entails the rulings of a valid marriage, such as the occurrence of divorce therein. So, the husband's statement: "She is divorced" effects a revocable divorce, and his statement: "She is divorced by three" has no further bearing after that. To renew the marriage, a new Shariah-compliant contract is necessary. Anger does not prevent the occurrence of divorce unless it renders the person unconscious. One should be cautious of it due to the consequences that result from it. The child born from this marriage is attributed to his father due to the semblance of a valid marriage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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