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What is the ruling regarding the marriage of a man who regrets divorcing his wife by phone four years ago with the words: "You are divorced by three," knowing that she was young at the time, and considering that the judge ruled it an irrevocable divorce, while other muftis believe that the divorce did not occur because it was by phone and in a state of anger? And can the couple return to each other with a new marriage contract after these events?

1 min readAlso available in العربية

If the Sharia judge has ruled that three divorces have occurred and you have become irrevocably divorced (baynunah kubra), then it is not permissible for you to remain with your husband or to allow him access to yourself. The judge's ruling resolves disputes in matters open to ijtihad (independent reasoning). Anger does not prevent the occurrence of divorce unless the person is unaware of what he is saying. Similarly, young age or ignorance of the rulings of divorce does not affect its occurrence. It is not permissible to move between muftis (those who issue fatwas) seeking a concession. The ruling of a just and knowledgeable judge is not to be rejected unless it contradicts the text of a verse from the Quran, a Sunnah, a consensus, or an analogy that bears only one meaning.

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Ftawy
Original fatwa ID
109978
Imported
Translation status
Source text, unreviewed
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