A Muslim is a person having an upright character; he never resorts to manipulative ways to obtain a worldly gain. In a true Muslim’s life, there is no place for ‘the end justifies the means,’ for he knows that Almighty Allah keeps watch over him at all times and that whatever he may gain, it will never make up for his loss in the sight of Allah on the Day of Judgment.
Divorce is an action of the tongue and the heart (i.e. utterance is to be supported by intention). A husband has the right to make it in person. It is also his right to authorize someone to do it on his behalf. If the person, who he authorized to make the divorce, pronounces it, then it is counted. As for uttering the divorce, whether by oneself or through a wakil (deputy), without having the intention to do so, it is still considered a counted divorce. A husband has the right to take his wife back if she is still in her `iddah (waiting period) if this is not the third pronouncement of divorce.
The fatwa of Sheikh Faysal Mawlawi, deputy chairman of the European Council for Fatwa and Research (ECFR), is as follows:
“It is permissible for the husband to assign someone to pronounce divorce on his behalf. The person doing this is called a wakil (deputy). The divorce is accepted from the wakil the same as it is accepted from the husband himself. If your father goes to the court and makes the divorce on your behalf, the divorce is valid and effective, regardless of your intention.
This divorce is considered raj`i (revocable) and you can take your wife back as long as she is still in her `iddah without any need for a new marriage contract. However, once the `iddah expires, you cannot take her back unless you obtain her approval and make a new marriage contract.
This divorce is counted as one utterance. If it is preceded by another two utterances of divorce (i.e. this is the third time), then it is considered ba’in (irrevocable) and you cannot take your wife back under any circumstances unless she marries another person and her marriage is terminated either by divorce (after consummation) or death. The first and second utterances of divorce, make the divorce revocable as mentioned above.”
In the Kuwaiti Encyclopedia of Islamic Jurisprudence, we read:
“Divorce is a legal, verbal right of the husband who can enforce it and authorize someone to do it on his behalf. If a person says to another, ‘I authorize you to divorce my wife on my behalf,’ and this nominated person divorces her, it will be considered valid. Also if the husband gave the authority of divorce to his wife saying to her, ‘You are authorized to divorce yourself’, and she did, it is also considered to be valid.”
Based on the above, it is clear that divorcing one’s wife in any situation is valid and counted, regardless of intention. Your intention here has no weight as far as Islam is concerned. You can take your wife back if you want according to the above- mentioned regulations.