What is the legal ruling when a husband uses phrases like 'You are divorced with the best divorce,' 'most beautiful divorce,' or 'most complete divorce'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
These phrases constitute a divorce according to the Sunnah (Sunni divorce). This position is held by Al-Shafi'i. The rationale is that describing the divorce as 'best' or 'most complete' is permissible because, at that moment, it aligns with and conforms to the requirements of the Sharia (Sunnah). This is analogous to saying 'the best divorce.'
Supporting text
Muhammad ibn al-Hasan holds that if the phrasing is 'the most just divorce' or similar, it means the divorce occurs immediately because divorce cannot be qualified by time, and Sunnah and Bid'ah (innovated manner) pertain to time. Thus, when described by what it cannot be qualified by, the description is voided, similar to stating a divorce is revocable for a woman with whom consummation has not occurred.