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The question

Is it a condition that divorce and Khul' take place through an authorized Sharia official, and that merely uttering them does not invalidate the marriage?

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

Divorce becomes effective upon the pronouncement of the husband, provided he is a legally competent and willing individual. Its effectiveness does not depend on it taking place before an authorized official or a judge. Similarly, marriage is valid and its effects are established if it fulfills its legal conditions and pillars, such as offer and acceptance, a guardian, and witnesses, even if it does not occur before an authorized official. However, documenting marriage, divorce, and khulʿ (divorce at the wife's instance) is required to safeguard rights and preserve the contract. One must be wary of speaking about Allah Almighty's without knowledge.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
163907
Imported
Translation status
Source text, unreviewed
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