Does divorce occur if the wife speaks to someone on the phone, despite the husband having conditioned divorce upon it, knowing that she fears telling him lest he threaten her with murder?
If a husband makes his wife's divorce contingent upon her speaking to a specific person, and that conversation takes place, the divorce occurs according to the majority of jurists. The wife must inform her husband of this so that the divorce can be counted, unless she fears for her life. If this was the first or second divorce and her husband had intercourse with her during her ' (waiting period), the رجعة (revocation of divorce) is valid according to some jurists. However, if it was the third divorce and the husband denies the major bainunah (irrevocable divorce), the wife is not permitted to allow him intercourse, and she must seek to redeem herself from him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 119174
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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