Wednesday, January 26, 2022 - 23 Jumada al-Akhirah 1443

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The time when divorce effectively take place

When does 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. The wife`s idda (waiting period during which a woman is not allowed to remarry) starts from the moment her 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 these words and he understands their meaning, then divorce is effected by them."

Divorce is effected by 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 standpoint. These procedures are only established for registration purposes and to protect rights pursuant to laws and regulations.

And God Almighty knows best.