Does divorce occur in the cases mentioned, and what is the legal ruling on what happened, given that he does not wish to end the marital relationship?
Divorce pronounced during menstruation or during a period of purity in which intercourse has occurred is effective, despite being considered an innovation (bid'ah) by most scholars, and this is the prevailing legal opinion (). Writing an explicit statement of divorce in mobile messages without uttering it is a metaphorical expression (kinayah) that requires intention. As long as you are not certain about the intention of divorce in the last message, the preponderant view is that no divorce occurs thereby; for divorce does not occur with doubt concerning it, or concerning what it is conditioned upon. Al-Majd Ibn Taymiyyah said: "If there is doubt about divorce, or about its condition, it is based on the certainty of the marriage." We advise against conditioning divorce and swearing by it with the intention of threat, whether verbally or in writing.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 171721
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy