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Fatwa CenterDivorce Before Consummation of Marriage
Question
I am seeking a fatwa regarding my situation, I got married 4 years back without any rukhsati, there was no physical contact except for shoulder touching and only one time we might have been alone on a terrace balcony for 2-3 minutes but no physical touch happened. I asked for divorce from him on a call and he gave me divorce like ‘I give you divorce, second time I give you divorce, I give you divorce. He said it three times taking both our names, Is it valid? According to Prophet SAWW.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu 'alayhi wa sallam, is His slave and Messenger.
Matters related to divorce are not suitable for fatwas given remotely. Rather, the husband should present them personally to the Shariah court, or to its equivalent where it is absent, such as trustworthy scholars in Islamic centers in non-Muslim countries.
In general, we note the following points:
First: Divorce before consummation or a proper seclusion is an irrevocable divorce, and the husband does not retain the right of returning.
Second: A proper seclusion occurs when the couple is secure from intrusion or being observed, in a manner where sexual intercourse is usually possible.
Third: If the husband says, “I will divorce you,” this is not necessarily explicit, as it could be a mere promise. Its effect depends on the husband’s intention to actually pronounce divorce, or on the common usage of this expression as an effective divorce.
Fourth: The same applies to repeating the words of divorce; its ruling depends on the intention and whether a valid seclusion occurred.
Therefore, it is necessary to consult knowledgeable scholars in person, especially by the husband, so that the matter can be properly examined and judged.
Allah knows best.
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