The eligibility requirements of the one issuing divorce:
a. The Husband: The four Madhabs agree [128] The Maliki scholars are of the view that the husband, his representative or his guardian is one of the pillars of divorce. The Shafi’ scholars also opined that he is a pillar. that only the husband is allowed to divorce the wife. [129] Or whosoever stands in place of the husband like the delegated appointee.
b. The Guardian: The majority of scholars hold the view that the guardian is not eligible to issue divorce on behalf of a minor boy or an insane person [130] In the event of where there is need for divorcing the wife of a minor or an insane person, then the divorce is issued by the judge or the ruler. . This is the view of the Hanafi, Shafi’i and Hanbali Madhabs.
c. The Appointee: The four Madhabs agree that it is permissible for a man to delegate or appoint someone else to divorce his wives on his behalf.
d. Authorisation: The four Madhabs agree that it is permissible for a man to give his wife the authority to divorce herself from him.

2. Conditions of divorce
a. Puberty: The majority of scholars [131] The Hanbali scholars are of the opinion that the discerning minor boy, who understands and comprehends the concept of divorce, his issued divorce is deemed valid. hold the view that one of the requirements of the divorcee is to have reached puberty. Hence, the divorce of a minor boy is deemed invalid. This is the view of the Hanafi, Hanbali, and Shafi’i Madhabs, and it is the opinion of the vast majority of scholars.

b. Sanity
i. The divorce of the insane: The scholars are in consensus that the divorce issued by an insane man is invalid [132] A mentally disordered person is given the same ruling when he loses control of his actions. . The consensus was transmitted by Ibn al-Munthir, Ibn Qudaamah, Ibn Taymiyyah, Burhaan al-Deen ibn Muflih and al-Ruhaybaanee.
ii. The divorce of the bewitched: If the person issuing the divorce is a bewitched person, the divorce will be invalid if he was not aware of the words he uttered. This is the explicit view of the Hanbali scholars, and it is the opinion of Ibn Taymiyyah.
iii. The divorce of the angry:
1. If anger is normal and mild: The scholars are in consensus that the divorce issued at the time of anger is valid if anger was not severe. The consensus was transmitted by Ibn Taymiyyah, Ibn Rajab, Ibn Hajar Al-Haytamee, Ibn Baaz and Ibn ‘Uthaymeen.
2. If anger is overwhelming insofar as he could not realise what he says: The scholars are in agreement that if a man divorces his wife while being so angry that his anger beclouded his mind, the divorce will be invalid. The consensus is transmitted by Ibn Taymiyyah, Ibn Al-Qayyim, and Ibn ‘Uthaymeen. As for Ibn Qudamah and al-Ruhaybaanee, they transmitted the consensus of the scholars that for anyone who lost his sanity for a reason other than intoxication, then the divorce he issued would be invalid.
3. If anger is overwhelming, but the person is aware of his actions: The scholars differed on the ruling of the divorce, which was issued by a man at a time of severe anger, but his anger did not becloud his mind. The four Madhabs agree that the divorce will be valid in this case, while other scholars were of the view that the divorce is not deemed effective if the level of anger was enough to bar his words from his intention, even if his mind was not completely beclouded. This is the view of Ibn Taymiyyah, Ibn al-Qayyim, and the chosen view by Ibn ‘Aabdeen from the Hanafi Madhab, Ibn Baaz and Ibn ‘Uthaymeen.
iv. The divorce of the intoxicated
1. In the event of where intoxication is excused: The four Madhabs agree that if the person issued the divorce under the influence of intoxication, but he is deemed excused in religion for being under the influence of intoxication, the divorce will be invalid. [133] For example, someone who consumed an intoxicant substance without knowing its reality or someone who is forced to drink it
2. In the event where intoxication is deliberate: The scholars differed on this issue. The four Madhabs hold the view that the divorce in such a case is deemed valid and effective. This is also the view of a group from the righteous predecessors. Other scholars hold the view that divorce is deemed invalid, which is one of the views in the Hanafi and Shafi’i Madhabs, and it was also narrated from Imam Ahmad.  This is also the opinion of the Dhahiri scholars, some of the righteous predecessors, Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baaz and Ibn ‘Uthaymeen.
3. In the event where intoxication is due to anaesthetic agents: The scholars are in consensus that if a person divorces his wife under the influence of anaesthetic drugs, which he is taking for medical purposes, the divorce will be invalid [134] Like using anaesthetic drugs . The consensus is transmitted by Ibn Qudaamah, Al-Qurtubee, Al-’Aynee and al-Ruhaybaanee.
c. Willingness:
d. The majority of the scholars hold the view that divorce should be made by choice and willingly, so it is valid. Hence, if divorce is coerced, then it will be invalid. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs, and it is the view of some of the righteous predecessors.
e. The intention
i. Jokingly issued divorce: The four Madhabs agree that the divorce issued by a joking person is valid. This is also the view of some of the righteous predecessors.
ii. Issued divorce by mistake: The four Madhabs [135] The Hanafi Madhab is of the view that it takes place only by rule of court. agree that if a person makes a slip of the tongue and as such mistakenly issues a divorce, his divorce will be invalid.
iii. Having doubt about a divorce
1. Having doubt on whether it occurred: The scholars are in consensus that if a man has a doubt on whether he divorced his wife or not, then the ruling is that no divorce has occurred. The consensus of the scholars is transmitted by al-Maawardee, Ibn Hajar al-Haytami, and al-Ramlee.
2. Having doubt about the condition upon which the divorce is premised: The majority of scholars hold the view that if a person doubts whether the condition upon which the divorce is premised has been fulfilled, the divorce is deemed as if it has not occurred [136] Al-Nawawee said: “if the divorce is made conditional upon the occurrence of something, and then he became doubtful on whether this condition has occurred like the case when a person says: “if this bird is a crow, then you are divorced” but then he becomes in doubt on whether it is really a crow, or like when he says “if it is a crow then Zaynab is divorced, and if it is a dove then ‘Amrah is divorced” then he becomes doubtful on whether it was a crow, a dove or something else, then it is ruled that no divorce has taken place.” Rawdat al-Taalibeen 8/99  . This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
3. Having doubt about the number of issued divorces: The majority of scholars hold the view that when there is a doubt over the number of divorces issued, then the least number is considered. This is the view of the Hanafi, Shafi’i [137] It is recommended according to the Shafi’i Madhab to choose the largest number to be on the safer side. and Hanbali Madhabs.