Does divorce occur in the two aforementioned cases, taking into account the husband's anger and his intention in each case?
The first divorce pronouncement made by the husband while in a state of extreme anger does not take effect, according to a group of scholars. As for the second pronouncement, when the husband says, "That's it, I've divorced you," a single divorce takes effect, and the husband's intention is not considered here, because an explicit divorce pronouncement does not require an intention. Even if the husband were to say to his wife, "I divorce you," intending to convey a false statement, the divorce would still take effect. However, if what compelled him to do so was his fear that the wife might harm the fetus, and this fear was justified, then it appears to be a type of coercion, and thus the divorce does not take effect, based on the Prophet's (peace be upon him) saying: "There is no divorce in ighlaq." Ighlaq refers to coercion and extreme anger. Both spouses should fear Allah and avoid mentioning divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 11894
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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