Is a divorce pronounced by a non-Arab speaker (Ajam) who does not understand the meaning of the pronouncement effective?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

Divorce is not effective when pronounced by a non-Arab speaker who does not comprehend the meaning of 'you are divorced' (Anti taliqu). This is because such a speaker is not intentionally choosing divorce, similar to one who is coerced. Consequently, the divorce does not take place.

Supporting text

If the non-Arab speaker intends the meaning (the legal consequence) according to Arabic philologists, the divorce is still not effective, as intending something one does not know the meaning of is invalid, just as uttering words of disbelief without knowing their meaning does not constitute disbelief.