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The question

Is the word "Al-Ismah" (infallibility/bond) considered among the explicit pronouncements of divorce, or does it require intention for divorce to occur? And why is it not considered explicit like the words mentioned in the Quran, such as "divorce, separation, and release," and His saying, the Almighty: "And hold not to the bonds of disbelieving women"? And does anything result from the husband saying to his wife, "The bond of marriage is in my hand" or "The bond of marriage is not in my hand," especially if it is in the context of a discussion about visiting her family without the intention of divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Explicit divorce is the word "divorce" and its derivatives, unlike the words "separation" (firaq) and "release" (sarah), which are frequently used in contexts other than divorce. However, others believe that these words appeared in the Quran meaning the separation between spouses. As for the word "infallibility" or "bond" ('isma), it is not an explicit form of divorce. Linguistically, it means prevention and preservation, and it is metaphorically applied to marriage. A husband's statement "the wife's 'isma (bond/control) is in my hand" is not considered a divorce unless he intended divorce by it. And "the wife's 'isma is not in my hand" carries no consequence if he did not intend divorce; otherwise, divorce occurs.

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Ftawy
Original fatwa ID
102894
Imported
Translation status
Source text, unreviewed
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