Is a wife divorced and Haram to her husband, in a Sharia sense, if he uttered three oaths of divorce to her at different times and places, knowing that the family judge in their country does not consider this an oath of divorce?
If a man pronounces three divorces upon his wife at different times and in different sittings, then if he intended only divorce with the first pronouncement and made the subsequent ones merely confirmations, only one divorce takes effect. However, if he intended divorce with all three pronouncements, then three divorces occur. If he intended two, then two occur. If he intended neither confirmation nor a new pronouncement, then one divorce takes effect if the divorce occurred in a single sitting. But if the sittings were multiple, the divorces become multiple.
If three divorces occur, the wife becomes unlawful for him and does not become lawful again until she marries another man in a marriage of desire, not of tahlil (making lawful), and then he divorces her after consummating the marriage. Divorce takes effect merely by its pronouncement, without requiring the presence of a judge.
As for swearing by divorce, the majority of scholars hold that divorce takes effect upon breaking the oath. However, Sheikh al-Islam Ibn Taymiyyah holds that a conditional divorce that carries the meaning of an oath does not take effect, and an expiation for an oath (kaffarat yamin) becomes due. But if the intention was divorce itself, then it takes effect upon breaking the oath.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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