Are the statements issued by the husband, such as "You can go back to your father's house and be miserable again," and "If there is violence, it will be the end," and "I am done," intended as a divorce, considered a divorce? And how many divorces are counted according to the Shafi'i school of thought? And must the wife leave him if there is doubt about the continuation of the marital relationship?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The husband's phrases, "You can go back to your father's house and be miserable again," "If there is violence, it will be the end," and "I am done with you," are all ambiguous divorce utterances (kinayat al-) that do not effect a divorce unless there is an intention to divorce. If the husband denies the intention to divorce, then no divorce occurs. As for the phrase, "If there is violence, it will be the end," if he intended divorce by it, then it is a conditional divorce (talaq mu'allaq 'ala ); otherwise, no divorce occurs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 29521
- 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