Back to search
The question

Am I still irrevocably divorced from my husband, who divorced me on 23/4/1430 and had intercourse with me on 16/5/1430 during the 'iddah, even though he told me that I was irrevocably divorced by three pronouncements?

Share this answer

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

Divorce occurs the moment the husband utters it. So, if your husband divorced you with an explicit pronouncement, or with an implicit pronouncement accompanied by the intention of divorce, then it is an effective divorce. This divorce is revocable unless it was preceded by two divorces. Intercourse that occurs during the waiting period is considered a return (revocation of divorce) according to some scholars.

If you believe that he did not divorce you three times, and your husband did not divorce you three times, then you remain under his marital bond due to his return to you through intercourse. However, if he divorced you three times without any revocations in between, then the major irrevocable divorce (al-baynunah al-kubra) has occurred according to the majority of scholars, and you become unlawful for him until you marry another husband in a valid marriage and he consummates the marriage with you, and then divorces you. It is advisable to refer to a judge to resolve the dispute.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
103582
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy