Friday, November 24, 2017 - 6 Rabi' al-Awwal 1439

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When does the divorce effectively take place?

When does the divorce effectively take place?

Answer

Divorce takes place immediately once the husband utters one of the words that effect divorce plainly or allusively with the explicit intention of divorce. And the wife`s legitimate idda [waiting period during which a woman is not allowed to remarry] starts from the moment the husband utters the word that effects divorce.

It was reported in Asnaa Al-Matalib (3 \ 280) that: "If he says to her, ‘You are divorced,’ and he intends divorce by them and he understands their meaning, then divorce is effected by them."

Divorce is effected through using plain words without the need for making an explicit intention as well as with allusive words which indicate the meaning of divorce when one intends divorce by them.

Court proceedings have nothing to do with the time when the divorce becomes valid from the religious stand point. These procedures are only for the sake of registration and organization and to protect rights in accordance with the laws and regulations imposed by the government. As for legal separation , it takes place and becomes valid on the date when the judge announces the verdict of divorce.
And God the Almighty knows best.
 

Related links
» What is the ruling of Islamic law if a person is uncertain whether he has divorced his wife or not?
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» The ruling for an unregistered divorce in the presence of witnesses
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» Is it permissible for a divorced woman to entertain new marriage proposals during her post-divorce waiting period?