Does divorce take effect if the husband says to his wife, "I release you with a gracious release," and subsequent كلام, without uttering the word "you are divorced"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed on whether the word "Sarāḥ" (release) is among the explicit terms of divorce. Assuming it is explicit, the husband's statement: "I will release you with a beautiful release" is not an explicit declaration of divorce, because it is in the present tense. However, if he intended thereby to effect an immediate divorce, then it occurs. As for his statement: "Our life together has ended," this is a kināyah (ambiguous term) by which divorce does not occur except with intention, and the husband must be asked about his intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 136114
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy