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Does divorce occur if the husband says to his wife: "I consider her divorced by three," without an intention for a specific time (present or future)?

1 min readAlso available in العربية

The present tense does not effect divorce, for example, "you will be divorced" (تطلقين), because it is information that she will be divorced, and divorce is in the hand of the husband. If the phrase "I consider her divorced" (بعتبرها مطلقة) is of the same type as the present tense, then it is not an explicit declaration of divorce. Therefore, divorce is not effected by it unless he intended to effect it immediately. If there was no specific intention, the default is the continuation of the marital bond, because certainty is not removed by doubt.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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