Does the divorce take effect if the phrase "you are divorced" is uttered twice by a husband who is angry, psychologically pressured, and threatened with divorce? And does it take effect if the husband is unaware of what he uttered? If it does take effect, what should he do?
It is forbidden for a wife to seek divorce without a legitimate Shar'i (Islamic legal) excuse, due to the Prophet's (PBUH) saying: "Any woman who asks her husband for a divorce without any harm (justification), the scent of Paradise will be forbidden to her." Divorce does not occur unless the husband intends to utter it with a clear or an allusive expression. If the phrase "You are divorced" is uttered unintentionally or without awareness of what is being said, then no divorce occurs. However, if it is intended to utter it with awareness of what is being said, then the divorce occurs even if the husband dislikes its occurrence, unless the anger is so severe that consciousness is lost, in which case no divorce occurs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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