Is a wife considered irrevocably divorced, requiring a muhallil to return to her husband, based on the husband's saying over the phone, "You are divorced three times," and the court's affirmation of an irrevocable divorce, while the wife asserts that the husband only uttered the word of divorce once?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
What the husband did is an innovated (bid‘i) divorce because he uttered the triple divorce in a single pronouncement, and this is considered a sin. The majority of scholars hold that the triple divorce takes effect in this case, while others—such as Ibn Taymiyyah and Ibn al-Qayyim—are of the opinion that it constitutes a single divorce. This latter view is what is practiced in courts today. Since the judge ruled that the triple divorce took effect, this ruling is enforceable because it resolves disagreement in matters subject to (independent juristic reasoning).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 43621
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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