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The question

What are the reasons that lead scholars and sheikhs to affirm the validity of divorce merely upon the husband uttering its words, even if jokingly, forgetfully, or in anger, and without verifying the husband's intentions, and in the absence of the two arbitrators whom Allah has commanded?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A Muslim receives the rulings of the Shari'ah with acceptance and submission, for they are justice, mercy, and wisdom, and their motto is, "We hear and we obey."

1. Family problems have many causes other than divorce, including the suspension of Shari'ah rulings, women's immodest display (tabarruj), and media corruption.

2. a. Divorce does not require the presence of two arbiters (hakamayn), and it may occur with forgetfulness, joking, or anger, contrary to some opinions. b. The meaning of "divorce them for their prescribed period" (li-'iddatihinna) is that the divorce should occur during a period of purity (tuhr) in which he has not had intercourse with her. c. If the wife claims three divorces and the husband denies it, and she has no evidence, then the husband's word is accepted. However, if the wife is certain of the divorce, it is not permissible for her to remain with him. d. Documenting divorce is essential for preserving rights. e. Marriage has conditions because it entails rights and obligations, unlike divorce, which is a dissolution of the marital bond. f. Divorce is the husband's right, and the wife has the right to seek khul' (divorce at her initiative).

3. Shari'ah rulings are valid for all times, and preserving the family unit is achieved by adhering to them, not by modernizing them.

4. The phrase "Islam seeks to destroy the family unit" is dangerous, and it is not permissible for a Muslim to utter it.

5. The system of divorce in Islam differs from that in Christianity, and it is a wise legislation that guarantees the rights of both parties and considers their circumstances.

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Ftawy
Original fatwa ID
93267
Imported
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Source text, unreviewed
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