Does explicit divorce require intention, and is it permissible to adopt the view of the Dar Al-Ifta (Fatwa Council) which states that a divorce did not occur, even though I consulted a Sheikh who stated that it did?
The explicit divorce pronouncement effectuates divorce even if the person did not intend it. So, if a man divorces his wife three times with an explicit pronouncement, she becomes irrevocably divorced from him, and she is not lawful for him until she marries another husband, as Allah, the Most High, says: "Divorce is twice. Then, either keep [her] in kindness or release [her] with good treatment" and His saying: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband." Some scholars have gone to the opinion that an innovated divorce does not take effect, but the majority of scholars hold that it does take effect. Explicit divorce does not require intention, and the questioner is permitted to adopt the of a whom he trusts. However, if the fatwas differ, he must act upon a form of preference.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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