Is the phrase, "You are not my wife, nor am I your husband," spoken as a threat without the intention of divorce, considered an explicit divorce, an implicit divorce, or neither, given that there was a legal seclusion (khalwa shar'iyya) between the spouses without consummation?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A man's statement to his wife: "You are not my wife, and I am not your husband," is a kinayah (ambiguous divorce pronouncement) that can imply divorce or something else. Therefore, divorce does not occur by it unless there is an intention [to divorce]. If he did not intend divorce by it, then divorce does not occur. Similarly, if he doubts his intention, the fundamental principle is the continuation of the marriage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 153149
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy