Does divorce occur if a speaking person writes it down and forms the intention of divorce?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Divorce occurs if the writing is accompanied by the intention to divorce. This is the view held by Al-Sha'bi, Al-Nakha'i, Al-Zuhri, Al-Hakam, Abu Hanifa, and Malik, and it is the explicit ruling from Al-Shafi'i. The evidence is that writing consists of letters from which divorce can be understood; thus, when it is uttered (written) and the intention is present, it takes effect like speech. Furthermore, a written decree of a judge stands in the place of his spoken word in establishing debts and rights.
Supporting text
Some companions of Al-Shafi'i hold an alternative view that divorce does not occur even with intention because the writer is capable of speech, and therefore the writing does not take effect, similar to a gesture. If the writer claims he intended only to practice his penmanship or test the ink without the intention of divorce, it is argued that it does not occur, similar to divorce pronouncements using ambiguous terms (kinayat), where intention is necessary.