Is a divorce pronouncement counted if the husband files a divorce suit against his wife while in a state of extreme anger, then they reconcile and things return to normal, and his wife is unaware of this?
Divorce takes effect if the lawyer pronounces it by issuing the document, and the power of attorney can be revoked before the divorce is pronounced. However, if the husband pronounces divorce or writes it with the intention of it taking effect, and entrusts the lawyer with its ثبت (verification/confirmation), then the divorce has occurred, because what matters is what originates from the husband.
One should consider what originated from the husband: Is it merely an authorization for the lawyer to pronounce the divorce, or did he actually pronounce or write the divorce? If the first or second divorce has occurred, the wife can be taken back (revocable divorce) before her waiting period (') expires. Whether the wife knows about the divorce or not does not affect it. The matter should be brought before the courts or discussed directly with scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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