Back to search

What is the Shar'i ruling on the described marital relationship, taking into account the husband's use of phrases like "I don't want you" and "Go to your parents' house" with the intention of divorce, and his filing of a divorce suit? Do these actions constitute a divorce, and what are the consequent expiation or number of divorces? What is the way to continue the marital relationship if it is not a divorce, or what is the expiation if it is Dhihar?

1 min readAlso available in العربية

First, marriage is a solemn covenant, and Islamic law has been keen to strengthen this bond and prohibited whatever weakens it. This includes a wife's obedience to her husband, her warning against seeking divorce without a legitimate religious reason, considering divorce the most hateful of permissible acts, and prohibiting it if it causes harm to the wife or children.

Regarding your question, your unequivocal declaration of divorce once necessitates its occurrence, whether it is documented in the courts or not, unless you were coerced or extremely angry to the point of not knowing what you were saying. As for your statements like: "I don't want you, go home, and leave me," and similar phrases, these are allusive. If you intended divorce by them, it occurs; otherwise, it does not.

So, if you intended divorce by these allusive statements, then your wife has become irrevocably divorced from you (talaq bainunah kubra), and she is not lawful for you until she marries another husband, as Allah Almighty says: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband." If you did not intend divorce by them, then nothing is required of you except the single divorce that you explicitly declared. We would like to point out that the effectiveness of a divorce does not depend on the wife's consent or a court ruling; rather, it occurs once the husband pronounces it.

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

Read the full answer on Ftawy