Is the husband's statement, "By God, I will divorce you," or "Consider yourself divorced," while claiming he had no intention of divorce, considered a valid divorce under Sharia? And what are the implications of this for the wife and the husband?
The husband's statement, "By Allah, I will divorce you," is a promise of divorce that does not effect it nor obligate him to fulfill it. However, he must offer expiation for breaking an oath (kaffarat yameen) if he does not divorce. As for his statement, "Consider yourself divorced," this is an indirect expression (kinayah) by which divorce does not occur except with the intention. However, some scholars, such as Ibn Baz, are of the view that it is a clear statement (sarih) that effects divorce even if there is no intention. If the divorce occurs and it is not the third, the husband has the right to take her back as long as the waiting period () is still ongoing.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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