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The question

Does ẓihār (analogical divorce) occur from a man to his wife, whom he has contracted but not yet consummated the marriage with, by his saying to her: "You are forbidden to me like my sister"? And is it true that some scholars hold the view that it does not occur before consummation, based on His —the Almighty's— saying: "And whoever does not find [a slave to free] - then a fast for two consecutive months before they touch one another; and whoever is unable to do so - then feeding sixty poor persons"?

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

"It has been previously established that prohibition reverts to the husband's intention. If the intention is to commit ẓihār, then ẓihār is valid from the wife, whether the husband has consummated the marriage with her or not, according to the majority of scholars. Their evidence is the Almighty's saying: {And those who commit ẓihār from their wives}. Thus, a woman is considered among a man's wives by virtue of a valid contract, whether consummation has occurred or not. The legal standing of marriage is realized by the existence of the (waiting period) from a revocable divorce. Some scholars have even gone so far as to say that ẓihār is valid even from a non- woman (stranger), so if he marries her, he may not have intercourse with her until he performs expiation."

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Where this answer came from
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Ftawy
Original fatwa ID
179648
Imported
Translation status
Source text, unreviewed
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