Back to search
The question

Does the phrase "O divorced woman" constitute a divorce if the husband said it to his wife in a state of extreme anger and without the intention of divorce, knowing that the husband was aware of what he said but his wife provoked him?

Share this answer

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

The husband's rights over his wife are great, and she must obey and appreciate him. What the wife did by insulting and rebuking him is forbidden, especially since the husband did not intentionally fall short and had a valid excuse. She must repent and apologize to him.

As for the husband's statement, "O divorced one": - Some scholars (Shafi'is and Hanbalis) view it as an explicit phrase by which divorce occurs immediately upon utterance. - Hanafis and Malikis elaborate on the matter: - If he intended divorce by it, it occurs. - If he said he intended it as an insult, he is not believed judicially, but he is believed between him and Allah. - If he meant that she was divorced from a previous husband: If she had no previous husband, or her previous husband died without divorcing her, then divorce occurs. If she had a previous husband and he divorced her: If he did not intend to inform, then divorce occurs; if he intended to inform, he is believed between him and Allah. - If the husband was in a state of extreme anger that clouded his understanding or will, then his divorce does not occur. It is advisable to consult an Islamic center to clarify the situation.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
8968
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy