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The question

Is a pre-consummation, telephonic divorce pronouncement to a fiancée, made in a state of anger, counted as a valid divorce?

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

If the marriage contract has been concluded with its pillars, then the fiancée is considered a wife, and divorce can be issued to her. Your divorce of her over the phone is valid if you were conscious of what you were saying. However, if the anger was so severe that you lost consciousness, then the divorce does not take effect.

But if the contract has not yet been concluded, then divorce does not take effect. In the event of a divorce before consummation, the wife becomes irrevocably separated from you, and it requires renewing the marriage contract with its pillars: a guardian, two witnesses, a dowry, and a form of contract.

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Ftawy
Original fatwa ID
100734
Imported
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