Does divorce take effect merely by the husband considering, within himself, that the divorce has occurred?
The ruling on divorce varies depending on its wording. If the wording is explicit—such as "You are divorced"—the divorce takes effect without the need for intention. However, if it is an allusion—such as "I consider it a divorce"—its occurrence depends on the intention, and if the husband doubts his intention, the divorce does not occur.
As for a husband who is overwhelmed by obsessive whispering (waswasa), his divorce does not take effect even if he uses explicit wording, because he is not acting out of free will. It is advisable that your husband directly consults a scholar or refers to the court to clarify the true nature of the words he uttered and his condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 188433
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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