What terms constitute explicit (Sarih) language for effecting divorce without necessity of intention?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Explicit language for divorce consists of three terms: 'Talaq' (divorce), 'Firaq' (separation), and 'Sarāh' (setting free), and their derivations. This constitutes the Madhhab of Al-Shafi'i. Explicit language effects divorce without requiring intention.
Supporting text
Abu 'Abd Allah Ibn Hamid holds that the explicit term is only the word 'Talaq' and its derivations, excluding 'Firaq' and 'Sarāh'. This is the view of Abu Hanifa and Malik. Malik agrees that these terms can be used without intention because apparent connotative terms do not require intention in his view. They argue that 'Firaq' and 'Sarāh' are often used outside the context of marital separation, rendering them non-explicit like other ambiguous terms.