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Fatwa regarding wanting divorce

November 27, 20201 min readMarriageDivorcedivorce

Question
If a man says to his wife, “I want a divorce,” but doesn't explicitly say, “I'm divorcing you,” does it still count as a divorce?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer:

Based on the above-mentioned statement, divorce will not occur because he merely expressed his desire.

Fatawa Hindiya: v. 1, p. 420 (DKI)

Fatawa Darul Uloom Zakariya: v. 4, p. 44 (Zamzam)

The Complete System of Divorce: p. 90 (Zamzam)

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

Published by Darul Ifta Texas for general guidance. It is not a ruling from a Shariah court, and it should not be taken outside the situation it addresses. Only Allah knows best.

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