Is the woman considered divorced or still married after her husband's statement, "You will never return to me, whatever the circumstances," and his informing his family and a friend of her divorce, then later retracting that?
The marital relationship is a solemn covenant. It is forbidden for a wife to seek divorce without a valid excuse. The husband's promise to divorce her does not justify her doing so, nor is he obligated to fulfill that promise. The husband's statement, "You will never return to me no matter what the circumstances," is a metaphorical expression (kinayah) and does not constitute a divorce unless he intended it. If the husband did intend divorce, then one divorce or three divorces occur, according to a difference of opinion. The husband's telling his family and friends that he has divorced his wife is merely a piece of information and does not constitute a divorce; however, it is an admission for which he can be held accountable judicially if the wife proves it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 81777
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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