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Does a divorce occur if the husband utters allusions to divorce and then says he was unaware of his intention?

1 min readAlso available in العربية

The majority of jurists hold that divorce does not occur through allusive expressions unless the utterer intends to effect divorce by them. The Malikis, however, made an exception for explicit allusive expressions, considering divorce to occur through them without the need for intention. This aligns with the apparent pronouncements of Imam Ahmad. The preponderant opinion is that of the majority. If the husband doubts his intention when uttering allusive expressions of divorce, the marital bond is presumed to remain intact, because certainty is not removed by doubt.

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

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