Does a divorce occur if a man swears by divorce upon his wife that she will be divorced if she raises her voice, then he assumes she raised her voice when she did not, but rather spoke sharply, so he tells her: "This means you are divorced based on my assumption"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The intention of the one swearing an oath is considered in the oath. If the wife speaking sharply is included in what the husband intended by his oath, then she is divorced; otherwise, she is not. The husband's statement, "Now you are considered divorced," is not the initiation of a new divorce but rather an announcement. The wife should recognize the husband's standing and headship, and divorce is not the only solution to marital problems.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194816
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- Ftawy
- Original fatwa ID
- 194816
- 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