Are threats of divorce or saying "you are divorced" in a state of anger without the intention of divorce considered an actual divorce?
The husband's utterance to his wife, "You are divorced," is an explicit divorce that takes effect even if he did not intend for it to take effect, because he intended the لفظ (wording) and knew its meaning. Divorce does not take effect if it is issued by a sleeping person, someone who is absent-minded, or a non-Arab who does not know the meaning. However, if the divorce is written, it does not take effect except with intention.
As for the statement, "If you do not listen to me, I will divorce you," it is merely a promise of future divorce, and nothing takes effect by it unless the threat is carried out.
Divorce issued in a state of anger does not take effect if the anger is so severe that it makes a person lose their awareness and perception, or if it is so severe that it compels him to divorce, even if he would not have divorced had he been calm and in control. However, if the anger is habitual and does not obscure his intention, then the divorce takes effect.
It is recommended to go to the court or consult a to explain what happened in detail.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 7983
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy