Is divorce effective by the saying, "My wife is divorced if you don't say it," if it is highly probable that she did say it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If your intention in making your wife's divorce contingent was on whether your stepmother actually uttered that word or not, then the divorce takes effect if your stepmother denied saying it, unless there are trustworthy witnesses who testify that she did say it. However, if your intention was to affirm the occurrence of the speech based on your dominant assumption, then the preponderant view is that the divorce does not take effect. It is preferable to refer the matter to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/105088
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 105088
- 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