Back to search

Does a divorce take place if a husband repeatedly says to his wife: "Go to your family; I don't want you and I won't continue with you," and his statement: "I might have actually uttered the oath, and you are with me in a haram (unlawful) life," considering he has two previous divorces?

1 min readAlso available in العربية

The husband's statement to his wife, "Go to your family," is an ambiguous divorce pronouncement (kinayat al-talaq), so divorce does not occur unless the husband intends it. The repetition of the phrase depends on his intention: whether he meant to emphasize it or to initiate a new pronouncement. As for "I will divorce you," this is a promise of divorce, and divorce does not occur by it. The prohibition of the wife (tahrim al-zawjah) depends on the husband's intention: whether he intended divorce, zihar (injurious assimilation of wife to unmarriageable kin), or an oath. Therefore, it is necessary to consult a Sharia court or a fatwa institution to ascertain the husband's intention behind what he uttered.

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

Read the full answer on Ftawy