Is it necessary to have the intention of divorce for the occurrence of a revocable divorce [ṭalāq al-kināyah] using the present tense, considering that you stated that if the present is intended, divorce occurs, yet in another instance you considered it a promise and not a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce occurs either by an explicit verbal declaration or by an implicit statement accompanied by the intention [to divorce]. The present tense form of the word "divorce" (as in, "I divorce you") is an implicit statement that does not effect a divorce without intention, but it does effect a divorce if the husband intends to bring it about at that moment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/163964
Where this answer came from
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- Ftawy
- Original fatwa ID
- 163964
- 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