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Divorce in Islam

If he says to his wife, "Divorce [talaaq]" or "You are divorce"

I have been married for approximately two years, and I have a daughter from my wife. I wanted some clarification about the conditions that must be fulfilled in order to complete divorce. For example, if the woman does not menstruate, and no intercourse has taken place since her last period, if the conditions are not met, can divorce be valid or not? Also, when a man divorces his wife, is it sufficient for him to say the word "talaaq (divorce)", or is it essential for him to say: "I am giving you your divorce?" I have some problems with anger, which everyone who knows me is aware of. I am seeing my doctor about the anger. I said divorce [i.e., he said, "divorce" and did not say, for example, "you are divorced"] to my wife when we were arguing, and she was saying disrespectful things to me and asked me to divorce her. I said the word "divorce" when I was very angry, but after I came back to my senses, I regretted it. I did not really intend to divorce my wife. Now my wife thinks that we are divorced. Is it possible to explain the correct Islamic ruling on divorce and when it counts as such? May Allah reward you with good.

Published Date: 2017-07-05

Praise be to Allah

Divorce as prescribed in Islam means that the man issues one divorce (talaaq) to his wife during a period of purity in which he has not had intercourse with her, or when she is pregnant. Such a divorce counts as such, according to scholarly consensus.

As for issuing a divorce when the woman is menstruating or during a period of purity in which he has had intercourse with her, it counts as such according to the majority of scholars, but does not count as such according to some scholars. Please see the answers to questions no. 72417 and 106328.

Secondly:

A divorce issued in a moment of anger is subject to further discussion and is a matter concerning which the scholars differed. The more correct view is that in the event of anger, if the speaker does not know what he is saying, or extreme anger led the husband to issue the divorce, and were it not for the anger he would not have done so, then it does not count as such. This is in contrast to ordinary anger that is not severe; in such cases the divorce does count as such. See the answer to question no. 45174.

Thirdly:

If a man says to his wife: "You are divorced"; or he says, "She is divorced"; or he says, "I have divorced you", or "You are divorced" – all of these are clear statements of divorce and the divorce counts as such, with no need to examine his intention.

It is not stipulated that he should say: "I give you divorce".

If he says: "Utalliquki (I divorce you)" (in the present tense), this is open to interpretation, because the present tense in Arabic may refer to the present or the future. If he was referring to the present – i.e., I am divorcing you now – then the divorce counts as such. If he was referring to the future, then this is a threat and a warning, and the divorce does not count as such until he fulfils his threat and divorces her. Attention should be paid to such matters in the language of any speaker.

Fourthly:

If the husband says: "You are divorce", then there is a difference of scholarly opinion concerning that: is this an explicit statement, in which case the divorce counts as such regardless of his intention, or is it a metaphor, in which case the divorce does not count as such unless he actually intended it?

The majority of Hanafi, Maaliki and Hanbali scholars are of the view that it is an explicit statement [and therefore the divorce counts as such].

Ibn Qudaamah (may Allah have mercy on him) said: If he said, "You are divorce", then al-Qaadi said: All the reports from Ahmad indicate that divorce counts as such in this case, regardless of whether he intended it or not. This is also the view of Abu Haneefah and Maalik. There are two views among the companions of ash-Shaafa'i, one of which is that it is not an explicit statement, because the word talaaq (divorce) is a masdar (verbal noun), which cannot refer to something specific except by way of metaphor. The second view is that divorce is an explicit term, so there is no need for it to be accompanied by the intention, as it is customarily used among them. End quote from al-Mughni (7/387).

It says in al-Furoo' (5/395): In [the book] al-Waadih it says: If someone says, "You are divorce", then it counts as a divorce. Something similar is mentioned in [the book] al-Intisaar. End quote.

Ad-Dardeer said in ash-Sharh as-Sagheer (5/395): This is the explicit wording of divorce, by means of which divorce takes place, even if his intention was not such, if what he meant to say was divorce, such as if he said, I am committed to divorce, or 'Alayya talaaq(Divorce is binding upon me), or You are divorce, and the like. End quote.

See also: al-Bahr ar-Raa'iq, 3/279

Doubt about fasting niyyath

Is one niyyah (intention) sufficient for making up missed fasts if one intends to do them consecutively? When making up missed days from Ramadan, if my intention is to fast those days without any interruption, i.e. to fast them consecutively, is it permissible to form one intention (niyyah) to fast all of these days? Published Date: 2017-06-20 Praise be to Allah Forming the intention from the night before is a condition for every obligatory fast, according to the most correct scholarly opinion, whether that fast is being made up or is being offered on time. This is indicated by the words of the Prophet (blessings and peace of Allah be upon him): “Whoever did not intend to fast before Fajr, there is no fast for him.” Narrated by Abu Dawood (2454), at-Tirmidhi (730) and an-Nasaa’i (2331). According to a version narrated by an-Nasaa’i: “Whoever does not form the intention to fast during the night before Fajr, there is no fast for him.” This hadith was classed as saheeh by al-Albaani in Saheeh Abi Dawood. The majority of fuqaha’ are of the view that it is obligatory to form the intention for each day, and it is not sufficient to form the intention (only) at the beginning of the month of Ramadan, or at the beginning of a period of consecutive fasts for all of the days. The Maalikis are of the view that one niyyah (intention) is sufficient for a fast that must be observed on consecutive days, such as Ramadan. As for a fast that does not have to be observed on consecutive days, such as making up missed days (qada’), it is essential to form a separate intention for each day. It says in al-Mawsoo‘ah al-Fiqhiyyah (40/275): The Hanafis, Shaafa‘is and Hanbalis are of the view that forgetting to form the intention on some nights of a fast that must be observed on consecutive days interrupts the sequence, as does omitting it deliberately, and forgetting is not regarded as a valid excuse for failing to do what is obligatory. The Maalikis are of the view that a single intention is acceptable for every fast that must be observed on consecutive days, such as Ramadan and expiatory fasts in which the fast must be observed on consecutive days. End quote. In al-Khulaasah al-Fiqhiyyah ‘ala Madhhab as-Saadah al-Maalikiyyah, it says: A single intention is sufficient for every fast which must be observed on consecutive days, such as Ramadan and its expiation (i.e., the two-month expiatory fast for having intercourse during the day in Ramadan); fasts in expiation for murder or zihaar (a jaahili form of divorce in which a man says to his wife, ‘you are to me as my mother’s back’); and vows to observe a fast on consecutive days, as in the case of one who vows to fast a specific month… And it is essential to form the intention from the night before for each fast that may be observed on separate days, such as making up missed days of Ramadan, fasting whilst travelling, expiation for breaking an oath (kafaarat yameen), fasting in expiation for shaving the head whilst in ihram due to an ailment in the scalp, or fasting to make up for some shortcoming in performing the rituals of Hajj. End quote. Based on that: If you intended to make up the Ramadan fasts on consecutive days, then you must form the intention for each day, according to the majority of scholars. I put this question to our shaykh, ‘Abd ar-Rahmaan al-Barraak (may Allah preserve him), and he replied: The intention must be formed for each day. Offering fasts to make up for missed days is not like fasting in Ramadan, according to those scholars who allow forming a single intention (for the entire month), because the days of Ramadan are consecutive as enjoined by Allah. End quote. However, we should point out that if someone thinks to himself that he will be fasting tomorrow, then he has formed the intention. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: Whoever thinks to himself that he will be fasting tomorrow has indeed formed the intention of doing so. End quote from al-Ikhtiyaaraat al-Fiqhiyyah, in al-Fataawa al-Kubraa (4/459). And Allah knows best.

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