What is the legal consequence when a husband makes an absolute statement of three divorces and subsequently declares his intention (niyyah)?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If he interprets his intention to mean what results in two divorces taking effect immediately, the interpretation is accepted because it aligns with the implication of the absolute phrasing and he is not considered suspect in this context. If he interprets it to mean one divorce takes effect immediately and two are postponed, he is held accountable in his relationship with God (Allah).
Supporting text
There are two differing scholarly opinions on whether this interpretation is accepted in judicial ruling. The more apparent view holds that it must be accepted because the interpretation ('some') does not contradict the nature of the phrase (which allows for little or much). The second view argues against acceptance because the interpretation lessens the requirement compared to the state of the absolute declaration.