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Fatwa CenterConditions of effecting divorce over the phone
Question
I left my husband more than a year ago, and seven months ago, he divorced me via the phone, at different times; some time later, he sent me a divorce paper. Is it considered divorce (valid under Sharee‘ah)? Is it permissible for me to marry now or should I go to the court to get the divorce deed in order to marry?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The husband's divorcing you via the phone or on a written paper is considered divorce if he acknowledges it, or two just witnesses testify to it. Hence, it is permissible for you to marry once the period of ‘Iddah of that divorce is over. But if the woman has nothing to affirm the divorce other than a claim, then it will be impermissible to act upon it, and in this case, she should go to the Sharee‘ah-based court.
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