Does a divorce pronounced as an oath upon the Quran, contingent upon the husband's betrayal or his speaking with another woman, take effect?
The majority of scholars hold that a conditional divorce takes effect if the condition it was contingent upon occurs, and this is the we adhere to. Therefore, if you have indeed done that which you swore upon, then your wife is divorced. If it was the first or second divorce, you may take her back as long as she is within her (waiting period). If the iddah ends, you cannot take her back except with a new marriage contract. If it was the third divorce, then she is irrevocably divorced from you (baynunah kubra), and she is not lawful for you until she marries another husband. It is preferable that you present this matter to the court or to trustworthy scholars. We also caution against the seriousness of being lenient in interactions with foreign women.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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