Does divorce occur in the following situations: reading explicit divorce words in books and newspapers, uttering an explicit word during normal and spontaneous conversations with people, uttering an explicit word during marital problems and discussions about them, or uttering an explicit word while being absent-minded and distracted? Is there anything in Fiqh that differentiates between a divorce that has occurred and a narration of divorce? Does Sharia only consider divorce binding through explicit words, and what is the ruling on requiring witnesses and the woman's guardian for divorce to occur?
First: Divorce does not occur except when the husband intends to utter a clear phrase or an ambiguous one with intention. It does not occur in cases of reading, narrating, unintentional mistakes, or forgetfulness.
Second: The wordings of divorce are not limited to clear pronouncements; it can also occur through ambiguous phrases if the intention exists. An ambiguous phrase is any wording that could imply separation or something else.
Third: The means of divorce are precise and do not open the door to doubt or obsessive thoughts. Fatwas related to divorce-related obsessive thoughts are a remedy for specific cases.
Fourth: Divorce is in the hands of the husband. The wise Sharia has placed divorce in the husband's hand because women are like farms and fields, and a farmer is not forced to cultivate a field he does not desire.
Fifth: A Muslim must submit to Allah Almighty’s command and surrender to His judgment and law, whether he comprehends the wisdom behind it or not.
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- Source platform
- Ftawy
- Original fatwa ID
- 115740
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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