Can divorce take place by force? Does divorce take place by unclear expressions?
Submitted by on Sun, 13/03/2016 - 00:58
Dear Brother / Sister,
According to the Hanafi madhhab, the divorce uttered by a sane man who has reached the age of puberty becomes valid. It does not matter whether he is a free man or a slave, whether he has divorced her of his own accord or due to the pressure of somebody else. However, according to the Maliki madhhab, divorce does not occur under pressure. (al-Jawharatun Nariya)
Islam has always protected the institution of marriage. It does not approve of divorcing a woman indiscriminately; it does not allow a man to harm the honor of a woman by uttering words of divorce for fun or randomly. Therefore, it is accepted that if a man says to his wife jokingly or for no reason, "I have divorced you", the divorce is valid.
For, the Messenger of Allah (pbuh) said,
"Three things are regarded as serious even if they are uttered jokingly: Marriage, divorce and taking back a wife." (Abu Dawud, Talaq 9)
Similarly, if a man stumbles and divorces his wife by mistake, divorce takes place. Therefore, a believer has to be very careful when he does or utters something and he has to control himself.
Clear divorce is divorce that is uttered through certain words that are distinct and that reflect the aim.Since it is clear, intention is not necessary. When it is uttered, it becomes valid; intention is not taken into consideration. The following expressions and similar ones are clear: "You are divorced. I have divorced you."
If divorce is uttered through ambiguous words, intention is taken into consideration. For, the words that are uttered can mean divorce or some other things. Therefore, scholars say divorce that is expressed through ambiguous words becomes certain only through intention because it is not clear in which sense the words are used.
(see Celal YILDIRIM, İslam Fıkhı)
Questions on Islam
- Does it mean a divorce to say şart olsun (I swear to divorce you) from three to nine?
- Does it do harm to the mariage if a man doesnt come home for just threat and to establish the authority and say to his wife I dont love you, go away, I am fed up with you, it is enough, I want to stop this marriage, I regret marrying
- "By Allah! If you knew what I know, you would laugh little and you would cry much; you would not taste the pleasures of your women in the beds, and you would go out beseeching Allah." Will you explain this hadith?
- What is an "Oath" and If you vow to do something and you don't, then how do you compensate for it?
- What is Murted? Who is called an apostate; ex-Muslim? Can a Muslim be addressed as kafir (unbeliever)?
- Why do we follow a madhhab?
- Can a husband divorce his wife unilaterally?
- The slander that Allah does not know the deeds that man will do..
- What is the advice that Abu Hanifa gave to his student Yusuf?
- How was the body language and speaking style of the Prophet Muhammad (pbuh)?