What is the ruling on uttering allusive phrases of divorce with the intent of threat and intimidation, without the intention of divorce? And does divorce occur by saying "O divorced woman" or "Take your clothes as you are divorced"?
A man's saying to his wife, "O divorced woman" (ya mutallaqa) is considered an explicit divorce by some jurists and does not require intention, thus causing separation between the spouses.
If he says, "You are divorced" (anti mutallaqa), it is an explicit phrase that does not require the intention of divorce according to Imam Ahmad in one of two narrations. "You are divorced" (anti taliq) is an explicit phrase that does not require the intention of divorce. Based on this, your wife would be divorced, and you may take her back as long as she is within her waiting period (idda).
However, if the word "mutallaqa" is not considered explicit, then the wife remains in her husband's marital bond. As for words of threat and intimidation, all of them are allusions (kinayat), and it is necessary to consult the courts.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/71774
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 71774
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy