Is a woman considered divorced merely by her husband saying "You are divorced" over the phone, and what is her legal status in this situation?
Divorce occurs over the phone if the husband acknowledges it or if two just witnesses testify to it. If the divorced woman has completed three menstrual cycles, she becomes irrevocably separated from him with a minor irrevocable divorce (baynunah sughra) if it was the first or second divorce, and he is permitted to remarry her with a new contract. However, if the husband denies the divorce and two just witnesses do not testify to it, it does not occur. It is advisable to refer the matter to the religious authorities. The wife is advised to be patient and keen on preserving the marital life, as a man marrying another woman is permissible, and she can contain her husband and raise her children well.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 41759
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy