Does a divorce take effect if the husband says to his wife: "You are forbidden to me" if she leaves without his permission, knowing that she did not remember his forbidding her before she left?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding the ruling on swearing an oath by declaring one's wife unlawful (tahrim). Some are of the view that it constitutes ẓihār, while others consider it a divorce (ṭalāq), and yet others deem it an oath (yamīn). Some differentiate based on whether the intention was divorce, ẓihār, or an oath. The husband's statement: "Your daughter is divorced because I forbade her from leaving without my knowledge, and she left," could imply either the suspension of divorce or the declaration of unlawfulness upon her leaving. To determine the ruling, the husband's intention and purpose must be ascertained.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/126236
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- Original fatwa ID
- 126236
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy