Do explicit divorce pronouncements take effect merely by being written, even if not intended, based on analogy with the verse of debt in Surat Al-Baqarah, and what is the ruling on one who writes them believing they do not take effect without intention?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A written divorce does not take effect unless there is an intention to divorce, and this is the view of the majority of scholars. The Quranic injunction to write down debts does not imply that mere writing establishes a ruling or abrogates a right. Rather, it is guidance for preserving rights, assessing them, and determining their due times, and it makes testimony more just and upright.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 102645
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy