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The question

Has the divorce occurred with the husband's words "I don't want you" in front of the uncles and the judge, and does his evasion of attending the sessions serve as proof of that, and consequently, am I Islamically divorced?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Your husband is sinful for expelling you from his home and leaving you in limbo. His statement "I do not want you" is an allusive divorce (kinayah) which, if intended, effects a divorce.

If he uttered it twice and did not intend divorce, then nothing is incumbent upon him. However, if he intended divorce in both instances, then two divorces have occurred. If he intended it in only one instance, then one divorce is incumbent upon him.

According to the Hanbalis, an allusive divorce (kinayah) takes effect (even if not intended) in cases of dispute, anger, or in response to a question about divorce.

The Shafi'is and Hanafis have their own detailed rulings regarding the occurrence of divorce through allusion.

If the court is an Islamic () court, then await the judge's ruling, as it resolves disputes. However, if it is not an Islamic court, then it is impermissible to seek judgment from it, and its ruling is void.

If you are suffering harm, you have the right to seek redress by raising the matter with Islamic centers, if they are available.

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Where this answer came from
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Ftawy
Original fatwa ID
101985
Imported
Translation status
Source text, unreviewed
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