Does divorce occur based solely on intention without verbal utterance?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

Divorce does not occur unless expressed through speech; intention alone without utterance results in no divorce. This is the position held by the majority of scholars, including 'Ata, Jabir bin Zayd, Sa'id bin al-Musayyab, Yahya bin Abi Kathir, Al-Shafi'i, and Ishaq. It is also reported from Al-Qasim, Salim, Al-Hasan, and Al-Sha'bi. The evidence for this ruling is the Prophet's saying: "Indeed, Allah has pardoned my Ummah for what they discuss with themselves, so long as they do not speak of it or act upon it." This hadith is classified as sound. Furthermore, divorce is an act that removes ownership, thus it cannot be achieved merely by intention, similar to sale or gift.

Supporting text

Al-Zuhri stated that divorce occurs if the husband resolves upon it. Ibn Sirin indicated that divorce occurs in the self when the husband intends it, asking, "Has not Allah already known it?"