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Why does the divorce oath take effect through words alone, without intention, or with both together, contrary to the Hadith: "Deeds are only by intentions"?

1 min readAlso available in العربية

An oath of divorce results in divorce unequivocally according to the majority of jurists, and the intention of the person uttering it is not considered. Similarly, in an explicit divorce, the intention is not taken into account, but rather the utterance itself. As for a divorce by implication (kinayah), the intention is considered. The Sharia does not differentiate between seriousness and jest in divorce. Jurists have agreed on the validity of a divorce uttered in jest because divorce is a matter of great consequence in which jest should not be involved.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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