Ruling on intending divorce while uttering part of the implicit expression of divorce

14-1-2014 | IslamWeb

Question:

A friend of mine said to his wife: “Go to your parents’ home” intending to divorce her while uttering the first two letters of the first word of the sentence but changed his mind before finishing his sentence to a mere threat. What is the Islamic ruling on such a case?

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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.

What your friend said to his wife: “Go to your parents’ home”, is an implicit expression of divorce and in such cases divorce becomes effected if the husband intends it. Scholars held different opinions whether it is a condition that the husband intends divorce while uttering the whole implicit expression of divorce or part of it. Some of the Hanbali scholars are of the opinion that the husband’s intention of divorce while uttering only part of  the implicit expression of divorce is enough to effect the divorce, and this is the preponderant opinion according to some Shaafi‘i scholars. However, other Shaafi‘i scholars believed that the husband’s intention of divorce while uttering the whole implicit expression of divorce is a requirement and a condition to effect the divorce. According to Hanbali scholars, the soundest opinion is that the husband must intend divorce with the first word of the implicit expression of divorce. Hence, it is more prudent for your friend to consider it a divorce, however, if this is the third time of divorce, there is a way out of it by adopting the other opinion that does not consider divorce effected in such a case and you have to refer to the Sharee‘ah courts if you have any.

Allaah Knows best.