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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1619 : “KALAU NAK CERAI SANGAT, CERAILAH!”

Does a divorce take effect if a husband says “if you really want a divorce, then divorce” to his wife, who was threatening to ask for one, when he had no intention of divorcing her?

Short answer

The fatwa explains that divorce wording is either explicit (sarih) or allusive (kinayah), and allusive wording only causes divorce when accompanied by intention.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The fatwa explains that divorce wording is either explicit (sarih) or allusive (kinayah), and allusive wording only causes divorce when accompanied by intention. It leans towards the view that no divorce occurs with this sentence, since the words “nak” and “-lah” make it differ from explicit wording such as “I divorce you”. The phrase may mean proceeding with the divorce process through the court. It is advisable to refer the matter to the nearest Syariah Lower Court to have the statement confirmed.

Written in our own words from the original fatwa — check the source before acting on it.

Justeru, berdasarkan fakta dan keterangan di atas, kami cenderung kepada pendapat bahawa tidak jatuh talak dengan menyebut "kalau nak cerai sangat, cerailah."

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1619 : “KALAU NAK CERAI SANGAT, CERAILAH!””, 20 February 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4208-al-kafi-1619-kalau-nak-cerai-sangat-cerailah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/if-you-really-want-divorce-then-divorce/

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Evidence cited

Quran verses

  • Al-Ahzab 33:49
  • At-Talaq 65:1
  • At-Talaq 65:2

Books

  • al-Umm (al-Syafi'i)
  • al-Fiqh al-Manhaji

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