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The question

Is a divorce considered to have occurred by the husband's statement: "Upon me be divorce" and his silence, without him intending divorce, and is what the husband does, in mocking religious people and sheikhs, considered apostasy from Islam?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Swearing an oath of divorce by way of imitation does not result in a divorce, and doubt about the occurrence of divorce is not to be relied upon, as the default presumption is the continuation of the marriage.

If you predominantly believe that the husband uttered the divorce on a imitative basis, then there is no need to ask the husband about his intention.

As for the husband's ridicule of some aspects of religiosity, it appears that he does not intend to ridicule the religion itself, but rather he is ignorant and influenced, so he does not commit an act of disbelief thereby.

He should be advised and warned about the consequences of ridicule with wisdom and gentleness, and reminded that mockery is not among the ethics of Muslims, in accordance with the Almighty's saying: "O YOU WHO HAVE BELIEVED, LET NOT A PEOPLE MOCK ANOTHER PEOPLE; PERHAPS THEY MAY BE BETTER THAN THEM."

Furthermore, he should be guided towards the path of obedience by encouraging him to attend circles of knowledge and associate with righteous people.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
136447
Imported
Translation status
Source text, unreviewed
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