What is the ruling of Islamic law regarding three divorces that were not documented by the ma'dhun, the first and second of which occurred in a state of extreme anger and without the intention of divorce, and the third was conditional upon the wife's return, knowing that the couple wishes to reconcile?
Marital life should be a means to happiness in this world and the Hereafter, and spouses must fear Allah in their dealings with one another.
The adopted by us is that a divorce pronounced by an angry person is effective as long as he is aware of what he is saying, and an innovated divorce ( bid'i) is effective. Furthermore, the documentation of a divorce is not a prerequisite for its occurrence.
If the husband utters a clear statement of divorce, such as "You are divorced," the divorce takes effect regardless of his intention. If this occurs three times, then the wife becomes irrevocably divorced (baynunah kubra), and she is not lawful for him until she marries another husband, based on the Almighty's saying: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband."
Spouses must avoid the causes of discord and beware of anger. It is incumbent upon the common person to ask the people of knowledge about matters they need to understand.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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