Did the divorce take effect with the husband's words: "I swear by divorce that I will not divorce you" after the wife's insistence on seeking divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man says to his wife: "I swear by divorce that I will divorce you," or "I swear by divorce if I do not divorce you," and he does not specify a time, then his wife is not divorced. If he does specify a time, she is divorced when that time arrives. This is the view of the majority of scholars. As for the Maliki school, if a man suspends his wife's divorce upon her divorce, the divorce takes immediate effect. Therefore, the wife is not divorced according to the majority view.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/50639
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 50639
- Added here
- . 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
- Read the full answer on Ftawy