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The question

Does divorce occur in the following cases: 1. The husband suspends his wife's triple divorce and prohibits her to him as his sister, contingent upon her overstepping him, or doing something he dislikes, or divulging household news, and then the wife later doubts the occurrence of divorce due to her actions? If it does not occur, then when does it occur? 2. The husband swears by divorce if the wife touches or opens his phone, and then he asks her to bring it and she does so with his knowledge and at his request? 3. The husband curses and reviles Allah Almighty in a moment of anger, and he does not know that this prohibits his wife to him. Does this annul the marriage contract between them?

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

The majority of scholars hold that conditional divorce (talaq mu'allaq) and zihar occur if the condition upon which they are suspended is fulfilled, and that a divorce pronounced with the word "triple" counts as three divorces. This is the established ruling. As for determining what the husband made the divorce contingent upon, it refers back to his intention and purpose. Regarding the specific case of him making divorce contingent on touching a mobile phone: if he intended touching absolutely, then the divorce occurs. However, if he intended usage or opening [the phone], then it does not occur unless he performs what he intended to prevent.

Insulting Allah Almighty is a major disbelief that expels one from the fold of Islam, by scholarly consensus, and anger is not an excuse for it, unless the anger is so severe that it removes consciousness, like that of an insane person. This disbelief invalidates the marriage contract. However, if the husband repents and returns to Islam before the wife's iddah (waiting period) expires, some scholars believe that the marriage remains valid without the need for a new contract.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
121408
Imported
Translation status
Source text, unreviewed
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