Is the wife considered divorced from her husband after six separate divorces, one of which was via text message, with the husband refusing to acknowledge the divorce and claiming anger and that the divorce occurred in one sitting? And does an innovated divorce (talaq bid'i) or a divorce without witnesses count? And is it a condition for the divorce to be proven in court for it to take effect?
In matters of dispute, one must refer to the courts. Innovated divorce ( bid'i) is forbidden but valid if pronounced by the husband. Witnesses are not required for divorce to take effect. Dhihar is when a husband likens his wife to a woman unlawful for him to marry; it is forbidden and necessitates expiation. Divorce pronounced via a text message on a mobile phone is valid if the husband intended it. The divorce pronounced by an angry person is valid unless he has lost consciousness and awareness. If a woman is certain that her husband has divorced her three times, she is not permitted to allow him intimacy, and she must seek separation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 115228
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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