Is the husband's statement to his wife: "Upon me be divorce, you are divorced" considered an oath of divorce where his intention is referred to, whether it be threat or divorce, or does it confirm the divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The husband's utterance "You are divorced" is an explicit, immediate, and confirmed divorce by oath, "By divorce upon me"; thus, it takes effect without need for intention. An explicit (declaration of divorce) does not require intention; rather, it takes effect without a specific purpose. So, whenever he says: "You are divorced," or "Divorced," or "I have divorced you," it takes effect without disagreement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/177019
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 177019
- 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