Back to search
The question

How valid is a divorce document that contains inaccurate information? What are the consequences for the husband if he reconsiders the second divorce? Is the phrase "you are not my wife" considered an ambiguous divorce statement (kinayah) that requires intention? Does a hidden divorce, of which the wife is unaware, take effect? Does an innovated divorce (talaq bid'i), occurring during menstruation or after intercourse, take effect? What is the ruling of Allah regarding this husband?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband has explicitly pronounced divorce twice, then says to his wife, "You are not my wife," intending divorce thereby, then the woman becomes irrevocably divorced (bainūnah kubrā) and is not permissible for him until she marries another husband. If he did not intend divorce, then he has only divorced her twice, and he may take her back as long as she is within her waiting period ('iddah). Divorce takes effect as soon as the husband utters it without coercion, even if the wife is not aware of it, and it is recommended to have witnesses for it. However, doubt regarding the existence of an implicit divorce (kināyah) renders the divorce null and void, because the original state is the continuation of the marriage. Pronouncing divorce during menstruation or more than once within a single waiting period is considered a blameworthy innovation (bid'ah divorce), but it is valid according to the majority of scholars. In these matters, it is advised to refer to the Sharia courts.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
62234
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy