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Fatwa CenterRuling on a husband saying that his wife has divorced herself
Question
A husband abandoned the matrimonial home by court order for having beaten his wife. Three months later, the husband said that she has divorced herself as a punishment for what she did. Is the wife considered a divorcee according to the Islamic Sharee‘ah?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If a husband says that his wife has divorced herself, this is not regarded as a divorce; rather, he is saying something untrue because it is the husband who is entitled to divorce his wife and not the other way around, unless he intended to divorce her by saying that. We recommend that you refer your case to the concerned Islamic courts in the country of the questioner.
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