Does divorce become irrevocable after authorization in a chat, even if the wife did not intend divorce, and knowing that a legal seclusion took place before that?
We previously answered that a wife's choice to divorce, based on her husband's authorization, is considered a valid divorce. However, if she did not intend divorce and the wording was not explicit, scholars have differed on whether it is considered an implicit divorce (kinayah):
- Ibn Qudamah said: The phrase "your affair is in your hands" or "choose for yourself" is an implicit divorce (kinayah) that requires intention or an indication of the situation for the divorce to occur. This is also what Abu Hanifa and Al-Shafi'i stated. - Malik said: It does not require intention because it is among the clear implicit expressions (kinayat). - Abu Hanifa said: If the husband intends it, the wife's intention is not required, and one irrevocable divorce occurs. - Our view: The wife initiated the divorce with an implicit phrase, so her intention is required.
The opinion that considers the wife's intention is closer to correctness, as an non-explicit phrase is an implicit divorce (kinayah) and divorce does not occur by it except with her intention. Divorce by writing is an implicit divorce (kinayah) and does not occur except with intention.
If a valid private seclusion (khalwah shar'iyyah) occurred, it holds the ruling of consummation, and the divorce is revocable, meaning the husband has the right to take her back. If the divorce was irrevocable or the waiting period (iddah) expired, the couple can remarry with a new contract that fulfills the conditions of marriage.
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- Original fatwa ID
- 100288
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