Has the wife become Islamically forbidden to her husband after he said to her "You are divorced" on three separate occasions: the first conditional on the date of her arrival, the second conditional on the date of her return (with the intention of threat, not divorce), and the third under pressure from his uncle and with no intention of divorce?
Firstly: Swearing by divorce is among the oaths of the dissolute and a mockery of Allah's rulings.
Secondly: Suspending divorce on her arrival in your country at a specific time, and her delay, results in the divorce taking effect according to the majority of scholars.
Thirdly: Suspending divorce again on her presence, and if she does not comply, considering herself in the waiting period ('), is considered an implied divorce (kinayah), and divorce is not binding on you if you did not intend it.
Fourthly: Your statement: "You are divorced because you betrayed the trust" is an explicit and effective divorce. Your consumption of alcohol does not prevent its occurrence.
Fifthly: Your statement: "You are divorced" after you contacted her and your uncle urged you to divorce, is considered an explicit and effective divorce. The divorce takes effect if the wife is still under your marriage (in عصمة) or in her waiting period ('iddah) from a revocable divorce.
Sixthly: An expiation for an oath (kaffarat ) is required in a suspended divorce if the husband did not intend divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 118319
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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