Are all the mentioned phrasings considered a divorce, or is it just one in its entirety?
The phrases mentioned are allusive (kinayat) forms of divorce, by which divorce does not occur except with intention. However, some scholars believe that the phrase: "Consider yourself divorced" is an explicit (sarih) statement. Some scholars also hold that divorce occurs by allusive statements without intention in cases of dispute or when the wife requests divorce, but this ruling is قضائيا (judicially binding) and not ديانة (religiously binding), for religiously, divorce by allusive statements does not occur without intention. The final word regarding intention rests with the husband, as he knows best what his intention was. Therefore, divorce occurs from these phrases only if accompanied by the husband's intention to effect divorce. He should be questioned about this, and his statement is to be acted upon.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 149108
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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