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The question

Is a woman considered divorced, in Sharia, if her husband abandons her and tells her to do as she pleases, and is it necessary to await a court ruling to be considered divorced?

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

A man's statement to his wife: "Do whatever you want" is a metaphorical divorce (kinayat ) by which divorce does not occur unless the husband intends it. This is the view of the majority of scholars. If he intended divorce, then a revocable divorce (talaq) occurs, and its waiting period () is counted from the moment of utterance. He has the right to take her back during the iddah if it was the first or second divorce. However, if he did not intend divorce, then it does not occur. The wife has the right to seek divorce or khul' (divorce at the wife's instance with compensation) if the husband is transgressing Allah's limits.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
73748
Imported
Translation status
Source text, unreviewed
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