What is the ruling on a husband whose wife asked him for divorce, and he replied, "You may have whatever you wish"?
It is not permissible for a wife to seek divorce without a legitimate Shar'i excuse. Whoever does so, the scent of Paradise will be forbidden to her. The husband's statement to his wife, "You have what you wish," after she requests a divorce, is considered an allusive (kinayah) divorce. If the husband intended divorce, then it is effective. If he did not intend it, then there is nothing upon him according to the majority of scholars. However, according to the Hanbalis, an allusive divorce occurs without intention if it comes after a request for divorce. This is considered a judicial ruling (qada'an) not a religious one (diyantan), meaning she remains his wife in the sight of Allah Almighty if he did not intend divorce and the matter was not brought before a Shar'i judge.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 115782
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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