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The question

Is a wife's request for divorce from French courts considered a Khulʿ, and if so, is it an irrevocable divorce (baynunah sughra) or a major irrevocable divorce (baynunah kubra)? And can the husband remarry her if it is an irrevocable divorce (baynunah sughra)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

Imam Abu Dawud narrated with an authentic chain from Mujahid, who said: "I was with Ibn Abbas when a man came and said that he had divorced his wife three times. Ibn Abbas remained silent, then said: 'One of you goes and commits foolishness, then says, "O Ibn Abbas, O Ibn Abbas!" Verily, Allah said: "And whoever fears Allah – He will make for him a way out." But you did not fear Allah, so I find no way out for you. You have disobeyed your Lord, and your wife has become irrevocably separated from you.'"

A man's statement to his wife, "You are divorced, you are divorced, you are divorced," is considered three divorces, and his wife becomes irrevocably separated from him. This is the view of the majority of scholars, unless he intended by the second and third utterances to confirm the first divorce, in which case the three would count as one. Anger does not nullify divorce.

If the husband did not intend confirmation, then his wife has become irrevocably separated from him. The children conceived after the divorce are attributed to him due to cohabitation under misconception (wat' al-), and he must separate from her. Any divorce that occurs thereafter is not counted because it occurred to a woman who was already outside the marital bond. However, if he intended confirmation, then it is a single divorce.

Divorce in court: If it is under duress, it is not effective. If it is without duress, it is effective to the extent of what was uttered. If it is in writing or by signature without utterance, it does not occur unless there is an intention of divorce. Some scholars are of the view that a triple divorce pronounced in one phrase or in one sitting is considered a single divorce.

There is no basis for a triple divorce resulting in a minor irrevocable divorce (baynunah sughra) that requires a renewal of the marriage contract, unless the conveyed is incorrect. This could be if they were given a fatwa that a triple divorce counts as one and he can take her back during her waiting period ('). If the 'iddah ends before he takes her back, she becomes irrevocably separated by a minor irrevocable divorce, and he can remarry her with a new contract. This is the opinion of some scholars.

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Original fatwa ID
71283
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