Is the husband's intention not to return home, with the wife's knowledge, considered a divorce, even if he does not utter it? And how many divorces are counted if a divorce ruling is issued? And how is the 'iddah calculated? And can the husband take his wife back if it is not a major irrevocable divorce?
If a man says to his wife: "You are divorced irrevocably (taliq bila raj'ah)," it is considered a revocable divorce (talaq raj'i) according to the Maliki, Hanafi, and Shafi'i schools if the wife has been consummated with, and the husband retains the right to take her back. As for the Hanbalis, they consider it to be the occurrence of three divorces. The divorce is revocable if the divorce statement was written but not intended to take effect, or if it was intended to effect a single divorce, provided that the wife has been consummated with and has not completed her 'iddah (waiting period). However, if the man intended to issue three or two divorces, then she becomes unlawful for him. The 'iddah begins from the time of the divorce and ends after three menstrual cycles, or three months for a woman who does not menstruate, or upon delivery for a pregnant woman. The divorce issued by a female judge is not considered an irrevocable divorce (talaq ba'in) due to the impermissibility of a woman holding the position of a judge according to the majority of scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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