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Subject : Divorce Takes Place when Uttered by Husband

Fatwa Number : 2820

Date : 30-07-2013

Classified : Divorce

Fatwa Type : Search Fatawaa

Question :

Does divorce take place from the date of the divorce, or from the date of registering it at the court?

The Answer :

Praise be to Allah, prayer and peace be upon the Prophet of Allah.

Divorce takes place immediately once the husband uttered one of the words of divorce clearly or figuratively with the explicit intention of divorce. And the wife`s legitimate Iddah (period after divorce in which the divorced wife is not allowed to marry any man other than the divorced husband if they both agreed to remarry) starts from the moment the husband uttered the word of divorce.

It is reported in [Asnaa al-Mataalib] (3 \ 280): "If he said to her: You are divorced, and he has intentionally meant to utter the word of divorce and he understood its meaning , then it is effective."

The Jordanian Personal Status Law in Article (84) item (a) states: "Divorce takes place with clear words uttered without the need for explicit intention, and with figurative words—which indicate the meaning of divorce—with the intention." However, the court proceedings have nothing to do with the time the divorce becomes valid from the religious stand. 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 Allah knows best.



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