Does a divorce occur if the husband writes the phrase "you are divorced" on his mobile phone while in a state of extreme anger, without sending it to his wife? And is the 'iddah (waiting period) obligatory if the divorce occurs, given that there was a valid khalwah (private seclusion) and foreplay without penetration? And is his returning to her considered a legitimate reconnection that does not require a new contract and mahr (dowry)?
Writing a divorce [statement] is one of its allusions (kinayat), so divorce does not occur by it unless intended by the husband, taking into consideration a state of extreme anger in which he might lose consciousness. If the husband did not intend divorce due to the intensity of his anger or for other reasons, it does not occur. The spouses are advised to avoid causes of discord at the beginning of their lives and to ensure that the marriage ceremonies are in accordance with the Sharia. For more details on the rulings of divorce before consummation and after valid seclusion (khalwa sahiha), and the definition of seclusion, please refer to related fatwas.
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- Original fatwa ID
- 117476
- Imported
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