Back to search
The question

Has a husband's divorce of his wife, pronounced in a state of anger and not documented in court, actually occurred? Is she obligated to observe the waiting period ('iddah')? And does this count as the third pronouncement of divorce, after which she would not be lawful for him?

Share this answer

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

This is a complex issue and must be presented to the judiciary with all its details. If a husband divorces his wife before consummation (Dukhool), the divorce is considered an irreversible minor divorce (Baynunah Sughra), and a new marriage contract is required for remarriage. If the husband takes her back without a new contract, the return is invalid, but the child is still attributed to him. However, if consummation or a valid private seclusion (khalwah) occurred before the first divorce, then the revocable return (raj'ah) is valid, and both the first and second divorces take effect. If the divorce was conditional, it occurs upon the fulfillment of the condition, and anger does not affect it unless it incapacitates the mind. If the husband pronounces a third divorce before a judge, it takes effect, completing three divorces. The matter must be presented directly to the judiciary.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
92753
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy