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If a person’s life is threatened and is forced to give a divorce, is this divorce valid according to religious parameters?
If he was forced to divorce his wife solely because of the threat, then the divorce is invalid. If he decided to divorce her willingly because he was convinced that continuing the relation with his wife would lead to trouble as a result of the current circumstances of the marriage, then the divorce is valid.
If a man had sexual intercourse with his wife, can he divorce her next day?
A divorce is not valid if it has taken place when the couple had sexual intercourse since the last menstrual period.
Are marriages between atheists and apostates valid? What are the rulings for marriages and divorces that occur in the years one was an atheist or apostate, before reverting to Islam?
They are valid if the conditions of marriage or divorce are all met.
If a husband and wife decided on divorce by khula, is it valid if it takes place during menstruation, or if they have sexual intercourse the day before?
Divorce of any type is invalid if it takes place during the menstruation period of the wife, or if they had sexual intercourse since the last menstruation period.
Is it possible for a man to divorce his wife during pregnancy?
A man is allowed to divorce his wife while she is pregnant.
I got married, but did not consummate the marriage, so I am still a virgin. My husband is not in the same country. He might divorce me without asking whether I am in my menstruation period or not. Would the divorce be valid?
It is irrelevant whether you are in the mensuration period or not in the validity of the divorce if the marriage was not consummated, i.e. sexual intercourse did not occur.
I want to know if I have been divorced. The first time, my husband had a big argument with me and on a text message he wrote “divorced”, after which he expressed that he did not mean it. Also, I was in my menstrual periods at the time. The second time, the texted be the same, and I was in my postpartum bleeding. The third time, he said it in person out of severe anger where he just lost control. I also in my menstrual period at the time. Am I divorced?
I want to know if I have been divorced. The first time, my husband had a big argument with me and on a text message he wrote “divorced”, after which he expressed that he did not mean it. Also, I was in my menstrual periods at the time. The second time, the texted be the same, and I was in my postpartum bleeding. The third time, he said it in person out of severe anger where he just lost control. I also in my menstrual period at the time. Am I divorced?
A: There are certain conditions for the validity of the divorce. If any of them is not met, the divorce does not take place. One of them is verbally stating the word of divorce. A written form or texted form will not suffice. Another condition is the presence of two ‘adil’ witnesses during the verbal pronunciation of the divorce. A further condition is that the women is not in her menstrual period. There are further conditions as well.
So based on what you mentioned in your question, you are not divorced.
Do I need the approval of the witnesses to hear the divorce formula? Can I just say it in front of them, or must they agree to be witnesses for it?
It is not required to seek the approval of the witnesses.
One performed the divorce in the presence of his wife’s father and the husband of her paternal aunt, on the demand of his wife for divorce. Is the divorce valid?
If the said two people are believers, and they adhere to the laws of Islam in a regular way and do not insist on committing sins when they commit any, then they are considered as adil witnesses for a divorce. If the rest of the conditions are met, then the divorce is valid.
As one of the mandatory requirements for the validity of any type of divorce is that two adil witnesses are present physically at the time of the pronouncing of the divorce. Can one of the witnesses be the father of the wife being divorced?
The father of the wife can be a witness, if the conditions of “adalah” are met.
Can a Sunni man considered as one of the two witnesses of divorce?
No, the witness must be a believer in the Imamah of the twelve Imams (peace be upon him).
My wife is in another city. I want to divorce her and I know I can do it in her absence, but what about two witnesses? Is it permissible to have the two witnesses one by one, or they should both be present?
Both of the qualified witnesses must be present when the husband recites the proper form of divorce.
Can the divorce be pronounced on the phone?
Based on compulsory precaution it is invalid.
If the husband divorces his wife on speaker-phone while witnesses are present on the wife's side, is the divorce valid? If he divorces her on a text message and then shows the message to witnesses, is it valid? Or is it necessary for the witnesses to be present with the husband at the same time while he pronounces the divorce?
In the said cases, the husband can appoint an agent (wakil) of his by telephone or writing, and this agent can pronounce the divorce on his behalf in the presence of two adil witnesses, ensuring that the other conditions of divorce are satisfied.
Is it necessary for the wife to be present when the formula of divorce is pronounced?
The presence of the wife is not necessary in the validity of the divorce.
Can the divorce be given without the consent of the wife?
The consent of the wife is not a condition in the validity of the divorce.
Is it necessary to inform one’s wife or seek permission from her before proceeding for divorce?
It is not obligatory.
I am a Shia woman, and I was married to a Sunni man. He has recently divorced me without the presence of any witnesses. Now, he does not want to act upon this divorce and wants to live with me as my husband again. What is my current status?
The mentioned divorce is invalid according to the teachings of the Ahlulbait (peace be upon them), because there were no witnesses. He is still your husband and you can live with him as his wife.
A Sunni man was married to a Shia woman. After some time, they were separated. She filed for divorce against him in the courts. He went to a Sunni judge and divorced her but her civil divorce is not completed yet. Is she considered as divorced? Can she remarry again?
If the divorce by the Sunni judge was based on the religious laws of the sect of the husband, the divorce is correct, even if it is not registered in a legal way. She can remarry after observing the waiting period (the iddah).
Someone has told me that the divorce is invalid if the divorce certificate does not mention its details, such as the addresses, contact numbers and the reason for the divorce. Is this true?
It is not necessary in the validity of the divorce to have a certificate.