Does a divorce written by a husband to his wife online, while angry, take effect, especially given that he had done the same thing previously, and is a divorce valid without intention?
There is a difference of opinion among scholars regarding writing down a divorce using explicit wording. Some scholars are of the view that it is like uttering it verbally, and thus the divorce takes place even if the husband did not intend it. Other scholars are of the view that its ruling is similar to that of an ambiguous (kinayah) divorce. The correct position within the Hanbali school of thought is that writing down an explicit divorce brings it into effect, even if there was no intention. If the husband did not intend to effect a divorce by writing it, then the matter is subject to scholarly disagreement, and it is advisable to present it verbally to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 137702
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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