What is the validity of the husband's claim regarding his intention after saying, 'You are divorced three times according to the Sunnah'?
General Chapter
Al-Mughni
Book of Divorce
Primary text
If the husband claims his intent by saying 'according to the Sunnah' was to effect one divorce immediately and two more in two subsequent marriage contracts, his statement is accepted. Similarly, if he claims he intended one divorce in each purity period (*qur'*), this is accepted because it is the opinion held by a group of scholars and supported by tradition (*athar*). For the scholars of this school, the husband is judged by his intention in his heart (*yadinu*).
Supporting text
Regarding judicial acceptance of the husband's intention, there are two opinions. One view states the intention is not accepted because pronouncing three divorces simultaneously is not the Sunnah. The opposing view accepts it based on the precedent that intent is recognized, as mentioned previously.