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Divorce takes effect through a pronouncement accompanied by intention, both in outward legal rulings and inwardly before Allah, for divorce requires a pronouncement and an intention. There is disagreement, however, when either occurs without the other.
If there is intention without a pronouncement, the correct view is that divorce takes effect, because pronouncing divorce expresses what is within the heart. Thus, if a man firmly resolves within himself that he has divorced his wife, the divorce is binding between him and Allah. This is Mālik’s explicit position—may Allah have mercy on him—in Ashhab’s transmission in the Book of Oaths Involving Divorce. If he verbally declares the divorce he has inwardly resolved upon, a ruling of divorce is issued against him.
It has also been said that divorce does not take effect through intention until it is pronounced. This is the apparent meaning of Mālik’s statement—may Allah Most High have mercy on him—as transmitted by Ashhab in the Book of Granting a Choice and Delegating Divorce: “A man does not divorce in his heart, nor does he marry in his heart.”
As for a pronouncement without intention, the correct view is that divorce takes effect only in outward legal rulings, since a man who pronounces divorce is not believed when he claims that he neither meant nor intended it. A passage in the Book of Granting a Choice and Delegating Divorce in al-Mudawwana appears to indicate that divorce takes effect through a pronouncement without intention. This contradicts what is explicitly stated in that work and elsewhere, and is unconvincing in principle, given the Prophet’s statement, may Allah bless him and grant him peace: “Actions are judged only by intentions.” Success comes through Allah, glorified and exalted be He.
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Divorce is of two kinds: permissible and prohibited. Permissible divorce conforms to the manner Allah has commanded, while prohibited divorce departs from it. The manner Allah has commanded is that which He describes in His Book, where He says:
“O Prophet, when you divorce women, divorce them for their prescribed waiting period, and keep count of the waiting period. Fear Allah, your Lord. Do not turn them out of their homes, nor should they leave, unless they commit a manifest indecency. These are the limits set by Allah. Whoever transgresses Allah’s limits has wronged himself. You do not know: perhaps Allah will bring about something new thereafter.” [al-Talāq: 1]
“Then, when they have reached the end of their waiting period, either retain them honourably or part with them honourably.” [al-Talāq: 2]
Ibn ‘Umar recited: “Divorce them at the beginning of their waiting period.” This means at a time when they can begin observing their waiting period: namely, that a man divorces his wife during a period of purity in which he has not had intercourse with her, as the Messenger of Allah, may Allah bless him and grant him peace, said in the “hadith of ‘Abdullāh ibn ‘Umar, when he divorced his wife