1. The word Talaq when pronounced, even without intention enforces divorce, as it is explicit in meaning. However, other words like 'You are free' etc, need an intention to effect divorce. For those who understand arabic, here's a hadith to this effect:
عَنْ أَبِي هُرَيْرَةَ قَالَ : قَالَ رَسُولُ اللَّهِ - صلى الله عليه وسلم - : " ثَلَاثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ: النِّكَاحُ، وَالطَّلَاقُ، وَالرَّجْعَةُ ".رواه أبو داود (2194)، والترمذي (1184)، وابن ماجه (2039)، والحاكم (2/198).
2. Those who go around bashing Hanafi scholars, should know that they also pronounce the premeditated Halala as Haram. A Sharii Halala is when a woman does re-marry after her Iddat, and the other husband dies, or divorces her of his free will (without a prior arrangement/agreement with first husband, or being forced into it). What's haram in this case? There are examples of this from Sunnah as well.
3. People should know better than commenting on scholars or an institute after reading reports published by likes of Times of India (who in fact have reported Iddat to be 40 days - how's that for a fatwa). The scholars only issue a conditional verdict on an actual question posed to them, i.e. if what the Asker has stated is true, then the ruling would be thus...
1. The word Talaq when pronounced, even without intention enforces divorce, as it is explicit in meaning. However, other words like 'You are free' etc, need an intention to effect divorce. For those who understand arabic, here's a hadith to this effect:
عَنْ أَبِي هُرَيْرَةَ قَالَ : قَالَ رَسُولُ اللَّهِ - صلى الله عليه وسلم - : " ثَلَاثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ: النِّكَاحُ، وَالطَّلَاقُ، وَالرَّجْعَةُ ".رواه أبو داود (2194)، والترمذي (1184)، وابن ماجه (2039)، والحاكم (2/198).
2. Those who go around bashing Hanafi scholars, should know that they also pronounce the premeditated Halala as Haram. A Sharii Halala is when a woman does re-marry after her Iddat, and the other husband dies, or divorces her of his free will (without a prior arrangement/agreement with first husband, or being forced into it). What's haram in this case? There are examples of this from Sunnah as well.
3. People should know better than commenting on scholars or an institute after reading reports published by likes of Times of India (who in fact have reported Iddat to be 40 days - how's that for a fatwa). The scholars only issue a conditional verdict on an actual question posed to them, i.e. if what the Asker has stated is true, then the ruling would be thus...
May Allah guide us all.