Back to search
The question

What is the ruling, according to the Maliki school of thought, on someone who utters the word of divorce three or more times under the influence of anger and dispute?

Share this answer

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

If a man pronounces a clear divorce (talaq sareeh) to his wife while he is conscious and acting by his own choice, she is irrevocably divorced from him, by unanimous agreement. If this occurs three times, she becomes irrevocably divorced from him (baynunah kubra) and is not permissible for him until she marries another husband and he divorces her, and her waiting period (iddah) concludes. Allah Almighty says: (Divorce is twice. Then, either keep her in an accepted manner or release her with kindness) [Quran 2:229]. Then He says: (And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband) [Quran 2:230]. As for clear implicit divorce phrases (alfadh al-kinayah adh-dhahirah) such as "release," "separation," "irreversible separation," and "finality," they carry the same ruling as explicit divorce according to the Maliki school. However, ambiguous implicit divorce phrases (alfadh al-kinayah al-muhtamalah) such as "Go join your family," do not result in divorce unless the speaker intended and purposed it. Anger has no effect on the ruling of divorce unless it is so severe that the one pronouncing divorce loses his awareness and discernment, in which case his ruling is like that of an insane person, and his divorce does not count.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy