The Promise of Divorce
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Fatwa No. ( 329 )
Q: A dispute arose between him and his wife (S.S.), and he intended to divorce her, but the intention passed from his mind due to anger. He returned to Riyadh and submitted a petition to the Court of Guarantees and Marriages to divorce her, and remained there until the 10th of 12, 1392 AH, then he took her back. He requests a ruling on this matter. He was then asked to provide a copy of what he had submitted to the Court of Guarantees, and he did so. The text of the submission is as follows: To the Honorable President of the Sharia Court of Guarantees and Marriages
I submit this petition to your Excellency, informing you that I wish to divorce my wife (S.S.A.) with a divorce in accordance with the Prophetic Sunnah, hoping that the necessary procedures will be completed. Date: 8/11/1392 AH. The Committee then contacted the Honorable President of the Court of Guarantees and asked him about what had occurred regarding this matter. He replied that (A.R.A.) had contacted him and submitted the aforementioned petition, and that he had advised him against divorcing her. He stated that nothing was established in the court regarding the divorce of this woman from her aforementioned husband, and that he had submitted nothing other than the aforementioned petition.
A: After the Committee studied what was mentioned, it became clear to them that no divorce of his wife (S.S.) had occurred from (A.R.A.), so she remains in his marriage bond. What occurred from him was merely a promise of divorce, and since he did not fulfill it by pronouncing it, it has no effect on the continuation of their marital life. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A dispute arose between him and his wife (S.S.), and he intended to divorce her, but the intention passed from his mind due to anger. He returned to Riyadh and submitted a petition to the Court of Guarantees and Marriages to divorce her, and remained there until the 10th of 12, 1392 AH, then he took her back. He requests a ruling on this matter. He was then asked to provide a copy of what he had submitted to the Court of Guarantees, and he did so. The text of the submission is as follows: To the Honorable President of the Sharia Court of Guarantees and Marriages
I submit this petition to your Excellency, informing you that I wish to divorce my wife (S.S.A.) with a divorce in accordance with the Prophetic Sunnah, hoping that the necessary procedures will be completed. Date: 8/11/1392 AH. The Committee then contacted the Honorable President of the Court of Guarantees and asked him about what had occurred regarding this matter. He replied that (A.R.A.) had contacted him and submitted the aforementioned petition, and that he had advised him against divorcing her. He stated that nothing was established in the court regarding the divorce of this woman from her aforementioned husband, and that he had submitted nothing other than the aforementioned petition.
A: After the Committee studied what was mentioned, it became clear to them that no divorce of his wife (S.S.) had occurred from (A.R.A.), so she remains in his marriage bond. What occurred from him was merely a promise of divorce, and since he did not fulfill it by pronouncing it, it has no effect on the continuation of their marital life. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.