Does a triple divorce issued by the fiancé before consummation take effect, knowing that he said it in a state of anger and regretted it?
Divorce before the legitimate marriage contract is null and void, and nothing results from it. Divorce is only valid from a legally competent and consenting husband. However, if the husband pronounces divorce after the legitimate marriage contract and before consummation, his divorce is effective. The fact that the husband was angry does not prevent its effectiveness, unless his anger had deprived him of his sanity. If the husband secluded himself with his wife in a valid seclusion after the contract, some scholars consider it akin to consummation. According to their view, three divorces occur, resulting in a major irrevocable divorce (baynunah kubra). However, the majority of scholars hold that only a minor irrevocable divorce (baynunah sughra) occurs with the first pronouncement of divorce, and the husband can remarry her with a new contract. Due to the differences and details in this matter, it is advisable to present it to a court or a reliable scholar.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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