Is the husband's statement "If the judge says it, consider that I have said it" sufficient for the divorce to be considered شرعيًا (religiously lawful) in Tunisia, especially with the annulment of the civil contract?
What the husband said could mean he was informing her that the judge's pronouncement of divorce is equivalent to his saying it, or it could be a suspension of the divorce contingent on the judge's pronouncement, which is the more probable interpretation. If the judge uttered the divorce, then the suspended condition has occurred. As for the husband's statement, "Consider that I have said it," this is an indirect expression (kinayah) where his intention is crucial: if he intended divorce, then it occurs. A ruling of divorce by a Sharia judge effects the divorce. Both spouses are advised to avoid divorce as much as possible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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