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The question

Does a divorce take effect when a husband says "You are divorced" three times, if he intended divorce by it, then retracted it because his wife disagreed? And is it permissible to sue the husband for his abuse of the right to divorce?

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

The phrase "I divorce you" in the present tense is not an explicit pronouncement of divorce (), and divorce does not occur by it unless the husband intends to effect it immediately, or if custom dictates it. His asking his wife if she agrees might be understood as not intending to effect it immediately. If the husband intended the divorce to take effect, it occurs whether the wife agrees or not. Divorce is permissible but disliked without a valid reason. The husband is not an oppressor by divorcing, and the wife's family has no right to complain about him. The husband's mother also has no right to call upon him to divorce his wife without a legitimate religious reason, as this is a form of takhbib, which is forbidden by religious law. Takhbib is defined as corrupting a woman against her husband, by mentioning the husband's faults or the virtues of a stranger. And whenever reconciliation is possible, it is preferable, as Allah Almighty says: "And reconciliation is best."

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
186175
Imported
Translation status
Source text, unreviewed
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