Has a divorce occurred, given the wife's claim that she divorced herself without authorization, and the husband's statement to her: "I want us to stay for two days like divorced people, and each one on their own," without the intention of divorce?
It is not permissible for a wife to harm her husband with insults or humiliation, nor is it permissible for her to seek divorce without a legitimate Shar'i (Islamic legal) excuse. A husband's authorization for his wife to divorce herself is revocable by him, and this authorization becomes void upon the termination of the session (majlis). The husband's statement, "I want us to live for two days like divorced people, each minding their own business," is considered an implied (kinayah) divorce and does not take effect except with the intention [of divorce]. Accordingly, no divorce has occurred, and the wife remains under his marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 121966
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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