If one's intention is not to divorce at all, but during an emotional/anger state, the words come out "once only" is that considered one divorce?

Thanks for your help in this matter.

Aslam Mohammad

Before I answer your question, I request you to please refer to my response to one of the earlier questions regarding divorce, for a more detailed explanation of the Islamic law of divorce.

In my opinion, there are two essential conditions that need to be fulfilled for divorce to be effective. The first among these is the intention to divorce; and the second is the communication of such intention to the wife in a manner generally accepted or prescribed by the society. If either of the two conditions is lacking, divorce does not take effect.

In view of this explanation, it should be quite clear that in an outburst of extreme anger if a person, without any intention of divorcing his wife pronounces divorce, such a divorce shall not be effective. But it should be clearly understood that the final decision in this case, if there is a disagreement between the husband and the wife, shall lie in the hands of the deciding authorities. If the authority is satisfied that the husband did not really intend to divorce but had actually pronounced divorce in a high emotional state, without any intention, it may accept the husband’s stance. On the other hand, if the authority is satisfied that the husband had actually intended to divorce, it may pass judgment to effect one divorce and then allow the husband to take back his decision during the iddah of his wife or, if the iddah has expired, to remarry the woman, with her free consent.

I hope this helps. In case any aspect of my answer remains unclear, please feel free to write back to me at your convenience.

Regards

The Learner

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