Does divorce take place if the husband says, "By God Almighty, I will go to court and divorce you," and then he does not do so, and what is incumbent upon him if it does not take place?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
This wording is a promise of divorce confirmed by an oath, and divorce does not occur merely by promising it. Fulfilling this promise is neither obligatory nor recommended. However, expiation is required for breaking the oath made by Allah. The breaking of the oath occurs when the time the husband specified in his oath to go to court for divorce passes, or upon the husband's death if he did not specify a time in his oath. According to the Maliki school, the breaking of the oath occurs when one resolves to abandon the action sworn upon.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/132924
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132924
- 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