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The question

Is a judicial divorce ruling considered a divorce, even if the husband did not explicitly utter the word "divorce" and did not write in his papers that he divorced his wife, but rather requested that she be divorced?

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

Divorce does not occur unless the husband pronounces it explicitly, or implicitly with the intention [of divorce]. If the husband merely declares his desire for divorce without pronouncing it or writing it down, intending thereby to effect it, then nothing is binding upon him. The court's ruling is null and void and has no legal validity. It is not permissible to resort to courts in non-Muslim countries except out of necessity, such as to avert harm, provided there are no Islamic centers in those countries and it is impossible to resort to a Shar'i court in a Muslim country.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
110827
Imported
Translation status
Source text, unreviewed
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