Marriage & Divorce: Pronouncing ‘talaq’

Q: What is the Islamic ruling regarding some men who constantly recite the word “divorce” to their wives. Whenever the simplest problem occurs, they say, “You are divorced!” Is this considered a true divorce, or is it disregarded on certain occasions? Also, some men say, “If you do such and such, you will be divorced.” Will that be considered valid?

A: According to Dr. Abdullah Shihata, a professor at al-Azhar of Egypt, scholars have ruled that the declaration of divorce made dependent on a future action must be referred back to the original intention of the husband, as to whether he meant it or not. If he said, “If you do such-and-such you will be divorced,” only with the intention of threatening his wife or “putting the fear of God” into her, it is not considered a true divorce. If however, he meant it just as he said it, i.e. “If you do such-and-such you will be divorced,” then his wife will be divorced. This is no different than Allah’s saying “we send not these verses except to make men to fear”, and if it is done with this intention, it is not considered enforceable. However it is preferable not to use this approach as it is sometimes dangerous.