Does a husband's divorce take effect if he utters explicit or allusive words of divorce, considering that they believe divorce does not take effect unless the civil contract is annulled?
Divorce takes effect by uttering its explicit words, according to the majority of scholars. It does not require the intention of effecting divorce, nor knowledge of its legal ruling. Ignorance of its occurrence or the intention of joking does not prevent its validity; as the Prophet, peace and blessings be upon him, said: "There are three matters whose seriousness is serious and whose jest is serious: marriage, divorce, and رجعة (returning to one's wife after a revocable divorce)."
A deviant opinion, which states that explicit divorce does not take effect except with intention, has differed on this, but it is weak. The same applies to laws that contradict Islamic law by stipulating the annulment of a civil contract for divorce to occur.
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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