Back to search
The question

Did divorce occur between the spouses after the husband said to his wife, "You are divorced if you want that," under the influence of an extremely nervous state and persistent urging from the wife, knowing that the husband is not convinced of the divorce?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A caution: It is not permissible for a woman to seek divorce without a valid reason, based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for a divorce without a valid reason, the scent of Paradise will be forbidden to her." The aforementioned phrase could imply delegating the divorce to the wife, such that it occurs if she desires it, or it could imply an immediate divorce, such that it occurs as long as the wife desires it. Accordingly, the husband's intention must be considered. If the wife desires the divorce, it occurs under both possibilities. If she does not choose it, the divorce occurs if immediate effect was intended, and it does not occur if delegation to her was intended.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
193791
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