Is the third pronouncement, which was written but not uttered, counted and does it become an irrevocable divorce, making his wife unlawful to him, given that he hesitated in his intention?
According to some scholars, explicit written divorce carries the same ruling as explicit verbal divorce, meaning it does not require an intention for the divorce to take effect. Others hold that its ruling is like that of an implicit divorce (kinayah), meaning divorce does not occur without intention. However, some scholars are of the view that implicit divorce, in situations of dispute, anger, or when the wife asks for divorce, takes the place of explicit divorce, and divorce occurs thereby even without intention. The is that writing is a kinayah (implicit expression), and therefore divorce does not occur through it except with intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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