Does a divorce occur if the husband utters allusions to divorce and then says he was unaware of his intention?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 68539
- 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.
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- Read the full answer on Ftawy