A woman is concerned about her husband's repeated utterances of 'divorce' during moments of anger. She seeks clarification on whether these statements hold any validity given the emotional context.
[AR_ID:3740]
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1 Answer
Peace be upon you.
Ayatollah Khamenei and Ayatollah Sistani (may Allah protect them):
In Islamic law, the intention is a prerequisite for divorce. The utterance of divorce must be made with the genuine intention of separation; thus, a drunken person or someone who lacks intention due to sleep, jest, forgetfulness, mistake, or extreme anger that negates intention does not effectuate a divorce. Similarly, if someone says the divorce formula for educational purposes, storytelling, or to appease their wives without intending a real divorce, it does not count.
Therefore, if your husband's anger was such that it removed his intention, you remain his wife. Otherwise, if the conditions for divorce were met when he uttered the words, including the presence of two just male witnesses who hear the declaration, then the divorce has taken effect.
You can review the conditions for divorce at the following links: 1 - 2 - 3.
May you be successful in all good.
Source:
Ayatollah Khamenei (may Allah protect him): Liberation of the Means, Conditions of Divorce + Jurisprudence of the Guardian: Rules of Divorce
Ayatollah Sistani (may Allah protect him): The Path of the Righteous, Part Three, Book of Divorce - On the Conditions of the Divorcer - Issue 475