Section 1: Types of Divorce According to its Wording

Explicit divorce and its implicit phrases
a. Explicit divorce:
i. The intention [138] Explicit divorce refers to words that can only mean divorce. in explicit divorce: The four Madhabs agree that intending divorce is not a condition in the event of issuing an explicit divorce.  [139] The scholars are in consensus that divorce takes place if it is intended and expressed in explicit words.
ii. Wordings of explicit divorce:
1. Divorce: The four Madhabs agree that the word divorce in all its forms, be it in the form of a verb or noun, like saying you are divorced, or I am divorcing you, is considered an explicit divorce.
2. Release and separation: The scholars differed on whether the words of release and separation, and any words derived from them like saying I am releasing you, or I have separated myself from you and so on, are considered explicit words of divorce. One group of scholars hold the view that the words of release and separation, and any words derived from them, are considered explicit words of divorce. This is the famous view in the Shafi’i Madhab, one of the views in the Maliki Madhab [140]  According to the famous view in the Maliki Madhab, these words are deemed from the clear implicit words of divorce and in one view from the words of explicit divorce.   , and one of the views in the Hanbali Madhab.  However, the majority of scholars hold the view that these words do not constitute an explicit divorce. This is the view of the Hanafi, Hanbali, and Maliki – according to the famous view – and one of the views in the Shafi’i Madhab.
b. Implicit divorce phrases
i. Definition: The four Madhabs [141] They vary in their recognition of the words of implicit divorce and its types. agree that implicit phrases of divorce refer to every word that may indicate divorce or anything else [142] The words and phrases are numerous and is subject to the norms of people. For example, get out of the house, go to your family, start your waiting period, you are free to go, and such similar implicit words that could be understood to mean divorce. . .
ii. The requirement of intention: In general, the four Madhabs [143] The Hanafi Madhab requires the intention of divorce or the presence of indirect signs of the man’s behaviour. The Maliki Madhab require the intention of divorce in subtle implicit divorce but not in the clear implicit divorce. The difference between explicit words of divorce, clear and subtle implicit words of divorce is that while the clear written words is akin to explicit words and so it does not require the intention of divorce, explicit words of divorce cannot be understood other than divorce regardless of the intention as it is determined by context or circumstantial evidence. As for clear implicit words of divorce, the meaning of divorce can be negated by intention or circumstantial evidence while the subtle implicit words of divorce can be understood not to mean divorce only by intention. The Hanbali Madhab required the intention or clear circumstantial evidence in lieu of the intention like dispute or anger. agree that intending divorce is required when using implicit words of divorce.
iii. Divorce in writing: The four Madhabs [144] The Hanafi Madhab only accepts clear writing so divorce by writing takes place like writing on paper or wall or floor in words that can be read and understood. The Maliki Madhab state that if the man writes the words of divorce with the intention of divorce, it takes place upon finishing the writing. As for the Shafi’I Madhab, writing is considered a form of implicit divorce that requires the intention of divorce so that it takes place. The Hanbali Madhab states that if the writing is explicit in expressing the divorce, it takes place even if the person does not intend it, and if the words are implicit, then the intention of divorce is required. agree that divorce is effective if it is issued in writing.
2. Issuing divorce with and without restricting it to time or condition
a. Issuing divorce without restricting it to time or condition [145] Like saying “You are divorced”. This form is the basic phrase used for divorce. : The four Madhabs agree that divorce takes place effectively and immediately once it is issued without making it subject to any conditions or restrictions, even if the person does not intend it.
b. Issuing divorce but restricting it to time or conditions
i. Conditional divorce:  The scholars differed on the ruling of conditional divorce. The four Madhabs agree that the divorce takes place only upon the condition specified in the divorce is fulfilled. The example of this is like saying, if I do such-and-such, my wife will be divorced, and then he does the thing he mentioned in the phrase of divorce. Other scholars elaborated and explained that if the statement made was intended to stress a point to encourage or discourage an action; it is considered an oath; therefore, it requires an expiation for breaking the oath if the action specified in the statement takes place. However, if he intended to establish divorce once the action takes place, then the divorce takes place. This is the adopted view of Ibn Taymiyyah, Ibn Baaz, and Ibn ‘Uthaymeen.
ii. Divorce that is restricted to time
1. If time is in the past: The four Madhabs agree that if the divorce is made subject to a time in the past [146] Like saying, you are divorced as of last month. , the divorce takes place immediately.
2. If time is in the future: The majority of scholars hold the view that if the divorce is made subject to a time in the future [147] Like saying, you are divorce tomorrow or next month. , the divorce will take place once the specified time comes.
iii. Adding “if Allah wills” to the statement of divorce: The scholars differed on the ruling of linking the statement of divorce to Allah’s will. One group of scholars hold the view that if a man says to his wife, you are divorced, if Allah wills, the divorce does not take place if the exception is made as a condition. This is the view of the Hanafi and Shafi’i Madhabs and one of the views reported from Imam Ahmad. It is the view of a group of righteous predecessors and the view of Ibn al-Munthir, Ibn Taymiyyah, Ibn al-Qayyim, al-Shawkaanee, Ibn Baaz and Ibn ‘Uthaymeen. The other group of scholars were of the view that this addition does not have any impact; therefore, the divorce takes place when a man says to his wife, you are divorced if Allah wills. This is the view of the Maliki and Hanbali Madhabs and the view of a group from the righteous predecessors.
3. Issuing divorce in a language other than Arabic: The scholars are in consensus that divorce takes place irrespective of the language used. The consensus is reported by Ibn al-Munthir, Ibn Qudaamah and Ibn Taymiyyah.
4. Divorce on papers only (fake divorce) [148] Divorces on papers only or fake divorces are intended to receive government financial aids, obtain the residence visa in a country, or marrying more than one woman in countries where polygyny is not allowed. : This kind of divorce does not take place by religion, but it can be enforced by the Muslim court if the man has uttered or written the words of divorce or delegated someone to conduct it on his behalf, regardless of whether he intended the divorce or not. This is the issued resolution of the Assembly of Muslim Jurists of America (AMJA).