Is a divorce considered valid by uttering the words: "You are not divorced" or "You are not divorced" according to some madhahib, and which are these madhahib?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce is the removal of the marital bond through an explicit or implicit utterance. The phrases "You are not divorced" or "You are not repudiated" do not signify divorce but rather negate it. Therefore, according to the majority of scholars, divorce does not occur through these phrases. The Malikis hold that if the husband intends divorce with any utterance, it becomes binding, even if it is a simple sound. However, the majority did not consider divorce to occur through these two phrases, even if the husband intended it.
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
- 117218
- 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