Does the husband's saying "taali'ah" instead of "taliq" count as a divorce?
Divorce is in the hands of the husband, and his statement that it did not occur is to be accepted unless there is evidence to the contrary.
If the husband denies uttering words that indicate divorce, then nothing is binding upon him, and the wife is not required to observe the (waiting period) of divorce if she is not certain of its occurrence.
If the phrase "you are divorced" was not addressed to the wife, then it is a kinayah (allusion) of divorce, which does not take effect unless there is intention. Here, the intention is absent because the husband denies having uttered the phrase at all.
Therefore, the divorce has not taken place, and the wife remains under her husband's marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 121505
- 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