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)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/161020
Where this answer came from
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- Ftawy
- Original fatwa ID
- 161020
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy