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The question

Is the preponderance of probability in the intention of divorce, according to Ibn Taymiyyah, sufficient for its occurrence, or is it treated by him as a matter of doubt?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Ibn Taymiyyah, may Allah have mercy on him, did not consider a divorce oath binding unless there was an intention to effect a divorce. So, if a husband doubts whether his oath was intended to effect a divorce or merely for emphasis, then the condition for the divorce to occur becomes doubtful. Divorce does not take place when there is doubt about its condition. Al-Majd Ibn Taymiyyah said: "If there is doubt about divorce, or about its condition, it is based on the certainty of the marriage." Doubt here encompasses any hesitation between the existence and non-existence of the doubted matter, thus including both strong and weak probabilities (dhann and wahm).

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Ftawy
Original fatwa ID
168008
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