Dispute regarding intent when a husband uses the phrasing 'I did not intend divorce by the utterance of choosing, and your affair is in your hand' (ikhtiyar wa amruk bi-yadik)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a husband claims he did not intend divorce when using the phrase signifying choice ('ikhtiyar wa amruk bi-yadik'), and the wife claims he did intend it, the husband’s statement prevails. This is because the husband is the one most knowledgeable of his own intent, and there is no path to ascertain it except through him, unless the statement was made in response to a direct inquiry or if the wife possesses a clear circumstantial indication of intent.