What is the ruling regarding a fiancé saying to his fiancée "You are divorced" and "You are divorced, divorced, divorced" over the phone, without intending divorce, given that he has already عقد عليها شرعًا (solemnized the marriage contract according to Islamic law)?
If you had a marriage contract (aqd) with the man, then you are his wife. If he secluded himself with you in a valid seclusion ( sahiha), then this seclusion has the ruling of consummation (dukhul), and its rulings apply, including the obligation of (waiting period) if he divorces you.
The husband's statement, "You are divorced (anti taliq)," is an explicit form of divorce (sarih al-), so it takes effect even without intention. Ignorance of the ruling or anger does not prevent its occurrence, unless the person speaking does not comprehend what he is saying.
As for his subsequent statement to you, "You are divorced, divorced, divorced": if it was after the expiration of the iddah of the first divorce, then it has no effect. If he pronounced it during the iddah, then a single divorce takes effect with it, unless the husband intended to pronounce three repeated divorces, in which case you become irrevocably separated from him (baynunah kubra), and you are not lawful for him until you marry another husband. It is preferable to consult a trustworthy scholar to further clarify the situation for him.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/175611
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 175611
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy