Is divorce pronounced by saying 'Anta at-Talaq' (You are divorce) legally effective?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

Saying 'Anta at-Talaq' effects divorce, regardless of whether the husband intended divorce or not. This position is held by the school of Ahmad (Hanbali), Abu Hanifa (Hanafi), and Malik (Maliki). The evidence supporting this is that the term is utilized conventionally for this purpose, as demonstrated in poetry where the phrase is used emphatically.

Supporting text

The Shafi'i school has two opposing views (wajh). The first view holds that it is not an explicit term because it is a verbal noun (masdar), and nouns generally do not describe substances except metaphorically. The second view maintains that divorce is an explicit utterance and thus does not require intention, similar to other explicit declarations. Regarding the claim that it is metaphorical, it must be accepted as such because adhering to the literal meaning is impossible, and this metaphorical interpretation is the only evident meaning available.